Distracted Driving - Cell Phone and Texting Tickets

The Law Office of John Stanko, Inc. successfully defends cell phone and texting tickets in Marin County, Oakland and throughout the San Francisco Bay Area.

Currently cell phone tickets do not carry points on a driver's record or count for negligent operator suspensions.  However, texting and cell phone citations do carry hefty fines which increase with each conviction.

Cell Phone and Texting Violations in California.

California Vehicle Code Section 23123 Hand Held Wireless Telephone Prohibited Use

23123.  (a) 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.
(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.

Although the base fines are nominal every traffic fine in California is subject to penalty assessments which significantly increase the total amount of the fine.


Marin County, San Rafael, Novato, Sausalito, Solano County, Vallejo, Fairfield, Vacaville, Sonoma County, Santa Rosa, Petaluma, Alameda County, Oakland, Berkeley, Emeryville, Contra Costa County, Richmond, San Francisco.  Red light camera citations, speeding tickets, all moving violations.