New No Touch Law for Cell Phones in California

California’s enforcement of distracted‑driving laws has reached a pivotal moment in June  2025. A landmark ruling by the Sixth Appellate District has officially prohibited any form of handheld cell phone usage while behind the wheel, reinforcing and further clarifying the line between lawful and unlawful usage. In addition, the law has ramped up stricter enforcement and further clarified penalties to ensure that no unsuspecting driver is immune to ignorance of the law. In this article, we’ll explore the law's provisions, rationale, and implications for all drivers.

What Is the New Cell Phone Law in California?

Popularly coined as the “No-Touch” law, the California Court of Appeal (Sixth Appellate District) clarified the application of California Vehicle Code § 23123.5, effectively creating a “No Touch” interpretation of the existing hands‑free law. As of June 3rd, all drivers are prohibited from holding their handheld wireless devices in any capacity while operating a vehicle. This includes simply holding a phone to view navigation, touching, tapping, and swiping when it is not properly mounted, and even looking at your phone while it is in your hand. 

Policy Rationale

One of the main proponents behind this ruling is due to the fact that distracted driving remains a significant public safety crisis in California and nationwide. In fact, the legislative aims to reduce distracted driving at its source by minimizing cognitive, visual, and manual distractions caused by handheld devices. 

When the law was expanded in 2016, the California Legislature recognized that modern smartphones function like portable computers, warranting a broader prohibition against handheld use while driving. In addition, studies from the California Highway Patrol suggests that using a phone while driving increases collision risk by over 400%, further convincing legislators to justify expanding the parameters of this law.

Is It Illegal to Touch Your Phone While Driving in California?

Following the June 2025 appellate decision, any holding of a handheld phone whether for viewing, scrolling, or passive use is a violation of California Vehicle Code § 23123.5. While many drivers will try to justify the act of touching their phone while behind the wheel, but the court has specified that simply observing a GPS app while holding the phone, even without manipulating it, is prohibited. 

Can You Legally Text One Word While Driving?

Not even texting a singular word is lawfully allowed with the passing of the new bill. In fact, the only instance where drivers can use their phone while behind the wheel is unless their phone is properly mounted onto the car’s dashboard. Only then drivers would be able to use their phone with a single tap/swipe, however, it would be more ideal for drivers to utilize voice-activated or hand’s free features to ensure safety. 

How Much Is a Ticket for Using a Cell Phone in California?

If you are on your phone while driving, the penalty for violating the new expansion of the law will result in a base fine of $20 for the first offense along with court fees and assessments that could potentially cost drivers around $160. However, every subsequent offense will increase the base fine to $50 and the associated court fees and assessments could go up as high as $285, assuming that there are no other violations that have occurred. 

Depending on the nature of the violation and the issuing officer, drivers may potentially be faced with getting points added to their driving record. Accumulating enough points will result in license suspension and higher premium rates from your car insurance provider. 

What Should I Do If I’ve Been Ticketed for Using My Cellphone?

If you have been ticketed for using your cellphone, it is important to act promptly to ensure your driving privileges stays intact. In fact, one of the first things to do is to understand the severity of the citation, because most handheld phone tickets are infractions and not classified as misdemeanors. 

In most cases, these types of moving violations can go in one of two ways. You either pay the fine, and go to traffic school to avoid getting a point added to your record, or you can contest it in court and claim for an exemption for the ticket. However, you must prove that the reason for using your phone was entirely situational and vital, such as an emergency call from family, or assert that the vehicle wasn’t in motion and that the issuing officer made a mistake. 

Whichever you choose to decide, ignoring the ticket cannot be an option or else you will receive additional fines and eventually triggering California Vehicle Code 40508, which leads to misdemeanor charges, six months of potential jail time, and fines reaching as high as $1,000. 

Injured in a Distracted Driving Accident?

The new “No Touch” law marks a decisive reinforcement of distracted‑driving enforcement in an attempt to further reduce distracted driving accidents and ensure that driver attention does not worsen. However, if you or a loved one has been involved in a distracted driving accident due to the negligence or recklessness of another party, then you may be eligible to recover compensation for any damages. Frank Penney Injury Lawyers is a law firm specializing in personal injury law and their team of attorneys are prepared to fight for your rights!

Contact us today at 888-888-0566 or by filling out our online contact form for a free case consultation.