What is going to happen since I was pulled over and given a traffic infraction for using my cell phone while driving in CA?

Asked about 5 years ago - San Francisco, CA

I was pulled over and given a traffic infraction and notice to appear in court. The citation was CVC 23123a. Will a point be added to my record? If so, is there a way to erase the point? And I had a point added to my record in July so that only makes matters worse I'm sure... I'm a 17 year-old high school senior. That won't help my case either huh? What if it was because my headset broke about 5 minutes before I was pulled over and I was getting off of the phone? Well I doubt the court would believe that.

Thanks to anyone who can help. It's greatly appreciated.

Attorney answers (1)

  1. Brian Neal Gurwitz

    Pro

    Contributor Level 11

    Answered . You can be fined a maximum of $20, with the addition of penalty assessments on top of that. The total amount will be around $60 or so.

    The DMV does not add a point for this violation.

    The fact that your device broke shortly before the offense is not a defense.

    An interesting note is that minors (<18 years old) are not permitted to drive while speaking on the cellphone, even with a handsfree device. This is set forth in Vehicle Code section 23124.

    Good luck and drive safely,

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