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Traffic laws

California's hands-free law in plain words

California drivers cannot hold a phone at all while driving. A mounted phone can be touched once with one finger. A first ticket is a $20 base fine; a second within 36 months adds a point.

DMVZone editorial · November 12, 2026 · 4 min read
Quick answer

In California you may not hold a phone while driving, even at a red light. A phone mounted on the dash or windshield can be used with a single tap or swipe. The base fine is $20 for a first ticket (about $162 with fees) and $50 after that, and a second ticket within 36 months adds 1 point.

Hold the phone?
Never while driving
Mounted phone
One tap or swipe
First ticket
$20 base (about $162 total)
Point
2nd ticket within 36 months
A blue SUV with headlights on drives along a wet road beside a guardrail in the rain.

California's rule, Vehicle Code section 23123.5, is about your hands. Voice commands and a mounted phone are fine. Picking the phone up to check a map, scroll music or read a text is not.

Allowed or not?

SituationAllowed?
Hands-free call through the car's speakersYes, if you are 18 or older
Tapping a mounted phone once to start navigationYes
Holding the phone to look at a mapNo
Texting at a red lightNo
Any phone use, even hands-free, under 18No

Where to mount it

  • A 7-inch square in the lower corner of the windshield farthest from the driver.
  • A 5-inch square in the lower corner closest to the driver.
  • On the dashboard, as long as it does not block your view of the road.
Good to know

Set your music and route before you shift into drive. One touch is legal, but a string of taps is a ticket.

Check yourself3 questions
  1. Can you hold your phone at a red light in California?

    Answer: B. The law applies while driving, including when stopped in traffic.

  2. A 17-year-old wants to take a hands-free call. Is that legal?

    Answer: B. Drivers under 18 cannot use a phone at all, even hands-free.

  3. When does a California phone ticket add a point?

    Answer: B. Since July 1, 2021, a second conviction within 36 months adds 1 point.

Questions we hear

Does using a smartwatch count?

The law covers any handheld wireless device. Treat a watch like a phone and do not use it while driving.

What does a second phone ticket cost?

The base fine is $50, plus assessments and fees, and it can add a point.

Can I use voice-to-text?

Adults can send messages by voice in hands-free mode. Drivers under 18 cannot.

Sources

Checked against these pages on November 12, 2026. Laws change, so open the source before you rely on a number.

Rules and fees change. Always confirm the details with the official California DMV or motor vehicle agency before you act. DMVZone practice questions are written to teach the rules and are not copies of the real test.