California’s New No-Touch Cell Phone Law

Category: Automobile/Car Accidents

California strengthened its distracted driving rules with a new interpretation of the state’s hands-free law. The update removes confusion and makes clear that drivers may not touch a cell phone at all while driving, even at stoplights. This change significantly expands enforcement and increases the risk of citations for everyday driving behavior.

If you were injured by a distracted driver and want to better understand your legal options, contact our Fresno distracted driving accident lawyers today.

What Changed Under the New No-Touch Rule

California already banned handheld cell phone use, but courts and law enforcement faced gray areas involving mounted phones and stoplights. The new rule clarifies that any physical interaction with a phone while operating a vehicle violates the law. Drivers may not:

Tap or swipe a mounted phone
Scroll through navigation apps
Adjust music or podcasts on the phone itself
Hold the phone for any reason, even while not in use

Drivers may still use phones only through true hands-free operation.

The Law Behind the Update

California Vehicle Code §23123.5 prohibits drivers from holding or operating a handheld wireless telephone while driving. Recent court interpretation confirmed that “operating” includes any touch input, not just holding the device. Under this interpretation:

A phone mount does not make phone use legal
Touching the screen counts as operating the device
Voice commands remain the only safe option

Law enforcement agencies across the state, including the California Highway Patrol, now treat even brief taps as violations.

What Drivers Can Still Do Legally

California allows limited phone use if the driver relies entirely on voice activation and the device stays mounted. Permitted actions include:

Using voice commands to start navigation.
Making or receiving calls through Bluetooth/
Changing music through steering wheel controls.
Using built-in vehicle infotainment systems.

Penalties for Violating the No-Touch Law

A no-touch cell phone violation carries financial penalties and long-term driving consequences. Penalties include:

Base fine starts around $20 for a first offense, but can increase to around $136 after fees and assessments.
Increased fines and fees with every offense. A repeat violation within a three-year period can trigger fines totaling about $272.
One point added to the driving record for repeat offenses.
Higher insurance premiums.

Multiple violations can place drivers at risk of license suspension.

Why California Took a Harder Stance on Cell Phone Use

Distracted driving remains one of the leading causes of motor vehicle accidents in California. Even short glances away from the road significantly increase crash risk. Studies consistently show:

Visual distraction lasts longer than drivers realize.
Touching a screen diverts cognitive focus.
Hands-free voice commands reduce reaction delays.

By removing all physical interaction, preventable collisions and roadway injuries can significantly decrease.

How the No-Touch Cell Phone Law Affects Accident Liability

Violating the no-touch law can carry serious consequences after a crash. Insurance companies and defense attorneys often use traffic violations to argue fault. If a driver touches a phone before an accident:

Insurance companies may argue negligence.
Comparative fault percentages may increase.
Injury claims may face stronger resistance.
Settlement values may decrease

Even if the phone use did not directly cause the crash, a citation can still influence fault determinations.

Contact Freedman Law to Learn More About a Distracted Driver Injury Claim

California’s strengthened no-touch cell phone rule makes it clear that drivers must keep their full focus on the road not their screens. Even a brief tap can now result in a citation, higher insurance costs, and potential liability if a crash occurs. If you were injured by a distracted driver, you shouldn’t have to deal with the insurance company or legal process alone. Contact or call our Fresno distracted driving accident lawyers today to discuss your case and learn how we can help protect your rights.