In today’s fast-paced digital age, staying connected is very important to the majority of our population. However, this constant need for communication through text, whether it’s SMS or messaging on social media platforms, has led to a significant increase in distracted driving accidents in California, particularly those involving texting while driving. Is texting and driving illegal in California? Yes, texting and driving is illegal in California. The state has enacted strict laws to reduce accidents and enhance road safety.
At Roberts Personal Injury & Car Accident Lawyers in Modesto, we want to make sure our community is aware of California’s texting and driving laws and represent them when texting and driving causes an accident. Here’s how we can explain the specifics of California’s texting and driving laws, the associated penalties, and the broader implications of distracted driving.
The Prevalence of Distracted Driving in The U.S.
Texting while driving is considered to be an act of distracted driving. Distracted driving is a leading cause of motor vehicle accidents nationwide, not just in California. The National Highway Traffic Safety Administration (NHTSA) reports that in recent years, thousands of fatalities have been attributed to distracted driving. The act of texting while driving is particularly hazardous, as it combines visual, manual, and cognitive distractions, which ultimately divert the driver’s attention from the road.
Is Texting and Driving Illegal in California?
California has implemented strict regulations to combat distracted driving, especially when it comes to texting and driving.
Handheld Device Prohibition
Since July 1, 2008, California Vehicle Code §23123 has prohibited all drivers from using handheld wireless telephones while operating a motor vehicle. This 17-year-old law states that drivers must use hands-free devices if they wish to make or receive calls while operating a motor vehicle. The primary objective is to make sure that drivers keep their hands on the wheel and their focus on the road at all times.
Texting While Driving Ban
In conjunction with the handheld device prohibition, California Vehicle Code §23123.5 explicitly bans all drivers from writing, sending, or reading text-based communications while driving, including on social media platforms. This law prohibits drivers from sending various forms of communication while behind the wheel, including:
- Text messages
- Emails
- Instant messages
California law recognizes the significant risk posed by diverting attention to read or compose messages, even momentarily.
Restrictions for Underage Drivers
Recognizing the heightened risk associated with inexperienced drivers, California imposes stricter regulations on individuals under 18. Under California Vehicle Code §23124, drivers under the age of 18 are prohibited from using any wireless communication device while driving, regardless of whether it is hands-free. This zero-tolerance policy that California holds for texting and driving aims to instill safe driving habits early and reduce the likelihood of accidents among teenage drivers.
Legal Penalties for Texting and Driving Under California Cell Phone Laws in 2025
Violating California’s texting and driving laws carries significant legal consequences, which are in place and have been designed to deter such behavior.
Fines and Assessments
- First Offense – A base fine of $20
- Subsequent Offenses – A base fine of $50 for each subsequent offense.
While these amounts may appear modest, additional fees and penalty assessments on top of the fine can substantially increase the total cost. For instance, a first-time texting and driving offense in California can amount to a minimum of $162, with subsequent violations costing at least $285. These figures highlight the state’s commitment to discouraging distracted driving through financial deterrents.
Points on Driving Record
As of July 1, 2021, California law stipulates that a second or subsequent conviction for using a handheld cell phone or texting while driving within 36 months will result in the addition of one point added to the driver’s record. Accumulating points can lead to increased insurance premiums and, in severe cases, the suspension of a driver’s license. Specifically, the California Department of Motor Vehicles (DMV) may suspend driving privileges if a driver accumulates:
- Four points within 12 months.
- Six points within 24 months.
- Eight points within 36 months.
This point system emphasizes the escalating consequences of repeated texting and driving violations in California, which also reinforces the importance of adhering to traffic laws.
Exceptions to the Rule
While California’s laws are stringent, there are specific exceptions:
- Emergency Situations – Drivers are permitted to use handheld devices to contact law enforcement agencies, medical providers, the fire department, or other emergency services.
- On Private Property – The restrictions primarily apply to public roads. Using a handheld device while driving on private property may not constitute a violation.
It’s very important for California drivers to understand these exceptions to ensure they are compliant with state law and avoid unnecessary penalties.
The Broader Implications of Texting And Driving In California
Beyond legal repercussions, distracted driving through texting and driving has profound societal and collateral impacts.
Increased Accident Risk
Engaging in activities like texting while driving significantly elevates the risk of traffic accidents. Studies have shown that using a cell phone while driving increases the likelihood of a collision by threefold. This statistic highlights the inherent danger of diverting attention from driving and taking your eyes off the road.
Economic Costs
Accidents resulting from distracted driving lead to substantial economic burdens, including medical expenses, property damage, and lost wages if unable to return to work. These costs affect not only the victims of the accident but also the broader community through increased insurance premiums and healthcare costs.
Emotional and Psychological Impact
For those involved in accidents caused by texting and driving, the emotional and psychological toll can be immense. Victims of car accidents in California may experience trauma, anxiety, and a diminished quality of life. Drivers responsible for such accidents may also grapple with guilt and legal consequences that can have long-lasting effects on their personal and professional lives.
Preventative Measures and Safe Driving Practices
To mitigate the risks associated with texting and driving, consider the following practices:
- Utilize Hands-Free Technology – Equip your vehicle with devices to facilitate hands-free communication without compromising safety.
- Pre-Set Navigation and Music – Configure GPS routes and select music playlists before you start driving to minimize in-vehicle distractions.
- Activate “Do Not Disturb” Modes – Many smartphones offer features that limit notifications while driving, reducing the temptation to check messages.
- Educate Young Drivers – Highlight and emphasize the dangers of distracted driving to teenage drivers, and enforce strict rules to promote safe habits.
By enacting these measures, drivers can contribute to safer roads and reduce the rate of accidents related to texting and driving.
Injured Due To A Driver Who Was Texting?
Texting and driving in California is not only illegal but also poses a significant threat to the safety of others on the road. The state’s comprehensive laws and associated penalties reflect the seriousness with which this issue is regarded. By understanding and adhering to these California texting and driving laws, drivers can protect themselves and others, fostering a safer driving environment for all.
For those seeking legal assistance after being injured by a driver who was texting and driving, Roberts Personal Injury & Car Accident Lawyers in Modesto are equipped to provide experienced legal guidance and representation. Our team is dedicated to advocating for victims’ rights and ensuring that justice is served. If you or a loved one has been affected by a texting and driving accident, contact us today for a consultation.
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