Key Takeaways
Understand the risks of texting while driving in California
- Even a quick glance at your phone can lead to fines, accidents, and serious legal consequences.
Know the true cost of a California texting while driving ticket
- What starts as a $20 or $50 base fine can easily rise to $150–$250 after court fees and penalties.
Recognize how distracted driving affects your record and insurance
- Repeat offenses add violation points and can spike your insurance premiums or lead to policy cancellation.
Get help if you’re injured by a distracted driver
- An experienced car accident lawyer in California can prove the other driver’s phone use and secure the compensation you deserve.
The Real Danger Behind Texting and Driving
Picture yourself crawling through morning traffic on the I-5. Horns blare, brake lights stretch for miles, and just ahead, someone glances down at their phone, thumb tapping, and eyes are off the road.
You’ve probably seen it more times than you can count. Many Californians think a California texting while driving ticket is just a minor setback, a small fine to shrug off. But the truth is, the real financial hit and the legal fallout go much deeper than most realize.
This article breaks down the actual fines for texting and driving in California, the serious legal consequences when a crash happens, and how RMD Law helps victims hold distracted drivers accountable.
California’s Handheld Cell Phone Ban: What the Law Actually Says
Under California Vehicle Code § 23123.5, texting while driving in California is illegal if the driver is holding the phone in their hand. The law is strict for a reason, which is that just a few seconds of distraction can cause a serious crash. “Use” includes more than just typing a text. It covers calling, scrolling through social media, navigating maps, or using any app that requires you to touch or hold your phone.
Here’s what you need to know:
- What is allowed: You can use your phone only if it’s mounted on your dashboard, windshield, or center console in a way that doesn’t block your view. You can perform a single swipe or tap to operate it.
- Hands-free only: Drivers aged 18 and over may use voice commands, Bluetooth, or hands-free systems to make calls or send messages.
- Strict rules for minors: Drivers under 18 are banned from using any electronic device while driving, which means no calls, no texts, not even hands-free features.
The purpose of this law is simple: to keep your eyes on the road and your hands on the wheel. Still, distracted driving remains one of the top causes of traffic collisions in California.
The California Highway Patrol (CHP) continues to report thousands of crashes every year linked to cellphone use, showing how widespread the issue remains. Getting caught even once can set off a chain of penalties that impact more than your wallet.
The Fine for Texting and Driving in California: A Breakdown of the Real Cost
Many drivers think a California texting while driving ticket is a cheap mistake, just pay the fine and move on. But the actual cost goes far beyond what’s printed on the citation.
First offense
- Base fine: $20
- With fees & assessments: Once you add mandatory court fees and penalty assessments, the total can reach $150 or more.
Second (and subsequent) offense
- Base fine: $50
- With fees & assessments: The total often climbs to $250 or higher.
These may not sound extreme, but the hidden costs stack up fast. If you receive another ticket within 36 months, that second violation adds a point to your driving record. While a first offense doesn’t add points, repeat violations do; and that’s where the financial hit deepens. Points signal risky driving behavior to your insurance company. Your premium may jump hundreds of dollars per year, and in some cases, your insurer might classify you as high-risk or drop your coverage altogether.
Then there’s the long-term effect. Even a single texting violation can remain on your record for years, influencing job applications that require a clean driving history. The state’s goal is deterrence, but for many, the real punishment comes from the ripple effects: higher costs, limited opportunities, and lasting financial strain.
The Legal Consequences of a Distracted Driving Accident
Paying for a ticket is one thing. Causing a crash while texting is another. When texting while driving in California leads to an accident, the legal and financial stakes rise sharply.
Facing a civil lawsuit for negligence
If a driver violates the cellphone law and causes an accident, they’re typically presumed negligent. That means they’re legally responsible for the damage they cause. Victims can file a personal injury claim seeking compensation for:
- Medical treatment, hospital stays, and rehabilitation
- Lost wages or reduced earning capacity
- Vehicle repairs or replacement
- Emotional distress and pain and suffering
California operates under a comparative negligence rule. This means that even if both drivers share some blame, the one texting still bears most of the liability. A single moment of distraction can turn into years of financial obligation.
Facing criminal charges
When texting leads to severe injury or death, the driver can face criminal prosecution. Prosecutors may file charges such as reckless driving under Vehicle Code 23103 or vehicular manslaughter under Penal Code 192(c). These aren’t simple misdemeanors. They can result in jail time, heavy fines, probation, and a criminal record that can follow you for life.
Courts treat texting-related crashes like DUI cases because both stem from a conscious choice to ignore safety laws. Choosing to text behind the wheel is treated as reckless conduct, not an unavoidable accident.
Facing major insurance penalties
After an at-fault crash involving phone use, insurance companies may drastically raise rates or cancel coverage altogether. The driver could be personally liable for damages that exceed their policy limits. And if criminal charges apply, the financial burden only grows, especially when victims pursue restitution alongside civil claims.
How RMD Law Holds Distracted Drivers Accountable
If you’ve been injured by a distracted driver, proving they were on their phone can make or break your case. That’s where an experienced attorney steps in.
1. Subpoenaing cell phone records
Your lawyer can request the at-fault driver’s phone records to confirm activity such as texts, calls, or data use at the exact moment of the collision. These records often serve as key evidence when proving liability.
2. Gathering evidence
A comprehensive claim includes much more than phone logs. Attorneys collect police reports, traffic camera footage, eyewitness statements, and sometimes expert analysis to reconstruct the sequence of events. This layered evidence builds a timeline that clearly shows how distracted behavior caused the crash.
3. Fighting insurance company tactics
Insurance companies often try to reduce payouts by shifting blame or questioning the extent of your injuries. A skilled attorney knows their playbook: challenging weak arguments, pushing back against lowball offers, and protecting your right to fair compensation.
4. Securing full compensation
Compensation should cover the full impact of the accident, like medical expenses, therapy, lost income, pain, suffering, and property damage. Car accident attorneys have experience negotiating and litigating complex distracted driving cases, ensuring that negligent drivers, not innocent victims, carry the financial responsibility.
The Cost of One Text Too Many
Texting behind the wheel might feel like a quick multitask, but it’s one of the most dangerous decisions a driver can make. Beyond the fine for texting and driving in California, the real cost lies in the risk of causing life-changing injuries or losing someone you love. If you’ve been affected by a distracted driver, remember that you have rights and you don’t have to face the legal process alone.
At RMD Law, our team of experienced car accident lawyers in California has helped countless victims hold negligent drivers accountable and recover the compensation they deserve. We understand how overwhelming this time can be, and we’re here to help you get the justice you need to move forward.
Reach out to RMD Law today for a free case evaluation and find out how we can help you rebuild after a distracted driving accident.
FAQs
The base fine for texting while driving in California is $20 for a first offense and $50 for subsequent ones. With court fees and penalty assessments, the total often reaches $150 to $250 or more, depending on the county.
Yes. A first offense doesn’t add a point to your record, but a second violation within 36 months does. That point can lead to higher insurance premiums or even policy cancellation.
Yes. You can use a phone if it’s securely mounted on your dashboard, windshield, or center console and operated with a single tap or swipe without obstructing your view of the road.
If you cause a crash while texting, you could face civil lawsuits, reckless driving charges, or even vehicular manslaughter in serious cases. Victims can pursue compensation for medical expenses, lost wages, and pain and suffering.
Yes. RMD Law’s car accident lawyers in California can help prove the other driver was using their phone by gathering evidence like cell phone records and traffic footage to secure full compensation.
You can read the full law under California Vehicle Code § 23123.5. The California Highway Patrol and DMV websites also provide helpful summaries and enforcement updates.
- What Are the Fines and Legal Consequences of Texting While Driving in California? - October 22, 2025
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