Texting at a red light is illegal in California. What about making a call?
Texting while driving is illegal in California — even when you’re stopped at a red light. What about making a call?
In the United States, a total of 3,275 people were killed in car crashes involving distracted drivers in 2023, according to the National Highway Traffic Safety Administration.
About 12% of those fatal collisions involved cellphone use, the federal road safety agency said.
“Using a cellphone while driving creates enormous potential for deaths and injuries on U.S. roads,” the National Highway Traffic Safety Administration said.
What is considered distracted driving in California? And what are the penalties if you’re caught?
The Fresno Bee reached out to legal experts to discover the answers.
Here’s what we found out:
Can I call or text while driving in California?
California has specific rules governing cellphone use while driving.
Under California Vehicle Code, it’s illegal to drive a motor vehicle while using a phone unless that device is “specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.”
In other words, you can’t use a cellphone or similar device behind the wheel “while holding it in your hand,” the California Office of Traffic Safety explained on its website.
It’s also illegal to “write, send or read” texts on your phone while driving in California, according to CoreMark Insurance Services in Sacramento.
California’s Vehicle Code also prohibits drivers under age 18 from “using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.”
“The youngest and most inexperienced drivers are most at risk when driving distracted,” the state Office of Traffic Safety said.
Is using a map app in the car allowed in California?
The same state law that prohibits drivers from texting or talking on a cellphone while driving also makes it illegal to hold a phone to navigate, California’s Sixth District Court of Appeal ruled recently.
According to the June 3 ruling, the driver doesn’t need to be swiping or tapping the map app to break the law, the Los Angeles Times reported.
“Just looking at the map on the screen, with the phone in hand, can justify getting pulled over to be ticketed, the Los Angeles Times reported.
When can I legally touch my phone while driving?
According to the California Office of Traffic Safety, you’re allowed to touch your phone while driving if it’s mounted to your windshield or center console in “a manner that does not hinder the driver’s view of the road.”
“While driving, you can single-swipe or tap the screen while it is in the mount in order to activate or deactivate a feature or function,” the state agency said.
However, this doesn’t mean you can make “multiple taps or swipes such as texting or scrolling,” the state Office of Traffic Safety said.
What is considered distracted driving under California law?
“Distracted driving is anything that takes your eyes or mind off the road, or hands off the steering wheel,” the California Office of Traffic Safety said on its website, especially when using your phone.
That can include dialing, talking or texting.
Eating, grooming, reading, reaching for objects on the floor, changing clothes or talking with passengers can be “just as dangerous,” according to the state Office of Traffic Safety.
Officer Ricardo Ortiz with the California Highway Patrol said distracted driving can be anything that diverts your attention.
“It can be texting, calling, changing the radio or putting on makeup,” Ortiz told The Sacramento Bee in 2023.
What are penalties for driving while distracted?
If you use your hands to talk or text on a cellphone while driving in California, you’ll receive a traffic citation, according to Appel Law Firm in Walnut Creek.
Fines for non-hands-free phone use start at $20 for the first offense, or $50 for each subsequent offense, according to the law firm.
However, penalty assessments and fees can significantly increase the cost of a ticket, according to San Diego law firm Berman & Riedel, LLP.
In California, texting while driving can cost you at least $162 for a first citation, while a second offense is at least $285, Berman & Riedel said.
If you don’t pay the fine or appear in court to contest it, you could be charged with failure to appear.
That’s a misdemeanor crime punishable by up to 6 months in county jail, a maximum fine of $1,000 or both, Appel Law Firm said.
Distracted driving can also result in tickets for speeding or reckless driving, the California Office of Traffic Safety said.
In California, reckless driving is considered a misdemeanor offense punishable by up to 90 days in jail, a fine of up to $1,000 and two points on your driver’s license, according to Wells Call Injury Lawyers in Fairfield.
If your distracted driving leads to a crash, “You could be held liable for any injuries that you cause,” the law firm added, adding that collision victims could pursue personal injury claims to “seek financial compensation for their losses.”
Follow these tips for safer driving
Here are 10 safe driving tips from the National Highway Traffic Safety Administration:
Use a seat belt
Ensure children are in the right seat
Drive sober
Pay attention to the road
Obey speed limits
Never drive drowsy
Share the road responsibly
Pay attention to flashing lights
Talk to teen drivers to tell them about safety
Check for recalls
This story was originally published July 7, 2025 at 5:00 AM.
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