California’s No-Touch Phone Law: What Drivers Need to Know
Think it’s safe to glance at your GPS at a red light? Think again. California’s new “no touch” phone law makes even holding your phone behind the wheel a violation. The rule, which is part of the state’s effort to curb distracted driving, has already led to thousands of citations since its implementation.
This guide explains what the law covers, recent court rulings that expanded its reach, and what drivers can do to stay compliant (and ticket-free).
Understanding the “No-Touch” Phone Law
Under California Vehicle Code § 23123.5, drivers are prohibited from holding or operating a handheld wireless telephone or electronic device while driving. Update to an existing law that prohibits texting while driving. California is one of 31 states that have enacted a no-touch law.
A Key Legal Update
In June 2025, the California Court of Appeal clarified the law’s intent in People v. Nathaniel Porter. The court ruled that simply holding a phone while driving—even without touching the screen—violates the law.
When the Law Applies
The “No-Touch” rule applies whether your vehicle is in motion or stopped at a light. In short, if you’re behind the wheel and the car isn’t parked safely, your phone should be mounted or untouched.
What Is and Isn’t Allowed
✅ Permitted Actions
- Using voice commands like Siri through a mounted device.
- Making a single tap or swipe to activate or deactivate a function.
🚫 Prohibited Actions
- Holding your phone for any reason, even for navigation or music.
- Texting, calling, or browsing while the phone is in your hand.
- Adjusting settings or scrolling through apps while driving.
Important
Even a quick glance or adjustment counts as “use” under the law.
Penalties for Violating the Law
If you are pulled over for violating the law, you could face steep fines and potentially points on your license.
1. Fines
A first offense typically carries a base fine of $20, while a second offense or more can reach $50 or higher. After court fees and surcharges, the total can easily exceed $150 to $200 per citation.
2. License Points
Violations may result in a point on your driver’s license, which can increase your insurance premiums and affect your record.
3. Legal Liability
If you cause an accident while violating the No-Touch Law, you could face civil liability for damages and potential criminal charges depending on the circumstances.
Exceptions to the Law
There are a few exceptions to the no-touch law, including:
Emergency Situations
You may use a phone to contact emergency services (police, fire, medical) when no safer option is available.
Drivers Under 18
Drivers under 18 may not use a phone for any reason while driving—even hands-free.
Mounted Devices
Phones must be securely mounted on the dashboard, windshield, or center console within easy reach, without obstructing the driver’s view.
Safety Tips To Avoid a Ticket
- Use hands-free tech: Take advantage of Apple CarPlay, Android Auto, or built-in voice systems.
- Mount your device: Use a dash or windshield mount to stay compliant.
- Plan ahead: Set up maps, music, and contacts before you start driving.
- Stay informed: Laws evolve. Check the California Office of Traffic Safety (OTS) website for updates.
Contact DK Law After a Distracted Driving Crash
California’s no-touch phone law is simple in theory but strict in enforcement. The safest move? Keep your phone mounted—or better yet, untouched.
Keeping your hands off your phone keeps your hands on the wheel and reduces the risk of a distracted driving accident, which accounted for over 3,200 deaths and more than 320,000 injuries in 2023.
If you were involved in a crash where phone use was a factor, DK Law can help you understand your rights and next steps. Contact us today for a free consultation.
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