Can You Receive Moving Violation Points On Your Driving Record In California For Cell Phone Use While Driving?

Prior to January 1, 2020, violation of California Vehicle Code Sections 23123(a), 23123.4(a) or 23124(b) pertaining to the operation of, or holding of a cell phone while driving, if not used in hands free manner, would NOT result in a moving violation point on your driving record.

CVC Section 23123(a) provides: “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.”

CVC Section 23123.5(a) provides: “A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”

CVC Section 23124(b) provides: “(a) This section applies to a person under the age of 18 years.(b) Notwithstanding Sections 23123 and 23123.5, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.”

However, this has now changed, effective January 1, 2020, thanks to California Assembly Bill Number 47, which revised California Vehicle Code Section 12810.3.  AB47 states as follows:

Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.

Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. Existing law also generally provides that traffic convictions involving the safe operation of a motor vehicle result in a violation point. Existing law provides an exemption for the electronic device violations described above from being counted as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.

This bill would instead make only those electronic device violations that occur within 36 months, beginning July 1, 2021, of a prior conviction for the same offense subject to a violation point against the driver’s record.

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

 SECTION 1.

 Section 12810.3 of the Vehicle Code is amended to read:

  Notwithstanding subdivision (f) of Section 12810, a violation point shall be given only for a conviction of a violation of subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or subdivision (b) of Section 23124, occurring on or after July 1, 2021, that occurs within 36 months of a prior conviction for the same offense.

What does this mean to you, the driver?  If you decide to drive while distracted (i.e.- using your cell phone while driving), you now risk getting a moving violation point on your driving record. The amendment to this section of the Vehicle Code now requires DMV to assess a point on a person’s driving record for any conviction of operating a cell phone (handheld wireless communication device) while driving that occurs within 36 months of a prior conviction of the same offense, if the second violation occurs after July 1, 2021.

The best bet is to drive safe and if cell phone use is necessary while driving, only do so IF you can do it hands free. Otherwise, wait until you are done driving and possibly save yourself a moving violation point on your driving record.