🛡️ Helping California Drivers Fight Traffic Tickets Statewide
    CVC 23123(a)Updated November 27, 20253 min read

    CVC 23123(a) Handheld Cell Phone Use Ticket - What to Know & How to Fight

    Driving while using a handheld wireless telephone

    Violation category

    Phone & Distraction

    Base fine

    $35

    Estimated total cost

    Includes court fees and assessments

    DMV points

    0 points

    What is California Vehicle Code CVC 23123(a)?

    Driving while using a handheld wireless telephone

    Common scenarios

    • You were stopped at a red light and quickly checked a GPS app on a mounted phone. The officer said you were holding your phone, but it was actually mounted.
    • You pulled over safely to call 911 after seeing an accident. The officer gave you a ticket, but emergency calls are allowed.
    • You were talking on speakerphone with your phone in your lap, not in your hand. The officer misunderstood and issued a ticket.

    Key facts

    • Hands-Free Use Is Legal: You can use your phone while driving if it’s hands-free. This means using Bluetooth, speakerphone, or a mounted phone holder.
    • Emergency Calls Are Allowed: It’s OK to hold your phone if you’re calling 911 or other emergency services.
    • The Fine Can Be Reduced or Dismissed: If you have a good defense, you might lower your fine or get the ticket dismissed. Fighting the ticket is often worth it.

    Fine breakdown for CVC 23123(a)

    CategoryEstimated amount
    Base fine$35
    Court & county surcharges (estimate)$133
    Total estimated out-of-pocket$168

    County fees can multiply the base fine by 3–5x. ClerkHero confirms exact totals using your ticket details.

    Got a ticket for CVC 23123(a)? That means you were caught driving while holding a wireless phone. In California, it’s illegal to hold or use your phone while driving unless it’s hands-free. This law helps keep everyone safe by cutting down distractions.

    Here’s what you need to know:

    • No holding your phone: You can’t talk, text, or use apps while holding your phone.
    • Hands-free is OK: Using Bluetooth, speakerphone, or a mounted phone is allowed.
    • Exceptions exist: Emergency calls to 911 are allowed even if you’re holding your phone.

    If you got this ticket, don’t panic. You have options to fight it or reduce the fine. Understanding the law and your situation is the first step.

    Keep reading for common defenses, real examples, and answers to your questions.

    Defense ideas you can use in your TR-205 packet

    Every ticket is different, but these arguments often surface in successful Trial-by-Declaration defenses. ClerkHero tailors the narrative to match your facts and any evidence you upload.

    Defense 1

    Most common

    You were using a hands-free device, not holding the phone.

    Defense 2

    Pair with evidence

    You were making an emergency call to 911.

    Defense 3

    The officer made a mistake and you weren’t actually holding the phone.

    Defense 4

    You briefly reached for the phone but were not using it while driving.

    Defense 5

    Your phone was mounted on the dashboard or windshield, not in your hand.

    We can help fight your ticket CVC 23123(a) online

    ClerkHero builds your entire TR-205 defense packet automatically. No lawyer. No court visit. No confusing forms. Just upload your ticket and we handle the rest.

    Step 1

    Upload your ticket

    We extract all violation details using hybrid OCR and AI. Works for handwritten, camera, and printed citations.

    Step 2

    We generate your defense

    You answer a few questions. We craft a TR-205 defense letter tailored to this exact violation code.

    Step 3

    Sign, mail, and track

    You receive a complete filing packet with step-by-step instructions. Never miss a deadline again.

    *Most CVC CVC 23123(a) violations are eligible for Trial by Written Declaration. Fixable errors can often result in reduced or dismissed fines once corrected.

    Frequently asked questions about CVC 23123(a)

    Can I hold my phone to talk while driving?

    No. California law says you can’t hold your phone to talk. You must use hands-free options like Bluetooth or speakerphone.

    What if I was just texting or checking a map quickly?

    Holding your phone for any reason while driving is illegal. You should use a mounted phone or pull over safely first.

    Can I get a ticket if I wasn’t actually using my phone?

    Sometimes officers make mistakes. If you weren’t holding or using your phone, you can explain this to the court.

    What happens if I ignore this ticket?

    Ignoring it can lead to bigger fines, a hold on your license, or a warrant. It’s best to respond and handle it.

    How can I fight this ticket?

    You can show proof you were using hands-free, making an emergency call, or that the officer was wrong. ClerkHero can help you write a defense letter.