California Cell Phone Ticket: Cost, Points & What To Do

California Cell Phone Ticket: Fine, Points, Insurance, and Whether to Fight (2026 Guide)

A California cell phone ticket can cost more than the base fine printed in the Vehicle Code. The statute lists a $20 base fine for a first offense and a $50 base fine for each subsequent offense, but court assessments, county fees, and administrative charges can make the amount due much higher. The bigger question is whether the conviction creates a DMV point or insurance risk.

Under California Vehicle Code 12810.3, a violation point is added only for a qualifying conviction under Vehicle Code 23123(a), 23123.5(a), or 23124(b) that occurs within 36 months of a prior conviction for the same offense. That makes a repeat cell phone ticket more consequential than a first one.

Key facts before you pay

• Base fine in statute: $20 for a first offense and $50 for each subsequent offense before assessments.
• Total amount due: verify the actual amount on your citation, courtesy notice, or county court portal.
• DMV points: a first qualifying conviction generally is not pointable, but a second qualifying conviction within 36 months can add 1 point.
• Insurance: the impact depends on your insurer, driving history, and whether the conviction appears as a point or moving violation.
• Best next step: confirm the violation code, due date, amount due, and whether you want to pay, request traffic school if available, or contest the ticket.

What the law says

California has two common adult cell phone ticket statutes:

• Vehicle Code 23123: using a wireless telephone while driving unless it is hands-free.
• Vehicle Code 23123.5: holding and operating a handheld wireless telephone or electronic wireless communications device while driving, with limited exceptions for voice-operated hands-free use and mounted-device single swipe or tap use.

There are also exceptions for emergency use, certain emergency services professionals, and private-property driving under the relevant statutes. Your citation should list the exact code section, and that code matters when you evaluate points, defenses, and court options.

Related violation page: CVC 23123 handheld cell phone use

How much is a cell phone ticket in California?

Start with the statute, then verify the court amount. The base fine is not the same as the total amount you may owe. Courts can add state and county assessments, administrative fees, and other charges that make the final amount higher than $20 or $50.

Use these verification paths before relying on any online estimate:

1. Check the citation and courtesy notice for the violation code, due date, and court.
2. Search the county court portal for the case or citation number.
3. Confirm whether the amount shown is bail, total fine, traffic school cost, or another court-specific amount.
4. Call the court clerk if the portal is unclear or the citation has not posted yet.

If you are mainly comparing the ticket fine against long-term cost, include the possible point and insurance impact in the decision, not just the amount due today.

DMV points and insurance risk

A first qualifying cell phone ticket usually does not add a DMV point by itself. The repeat-offense rule is the important part: Vehicle Code 12810.3 says a point applies for a qualifying conviction that happens within 36 months of a prior conviction for the same offense.

That matters because insurers may review your driving record when rating or renewing your policy. The exact premium impact is not universal. It can depend on your carrier, current record, policy timing, age, location, and whether there are other recent violations.

If you are trying to estimate the downstream cost, use the ticket amount, your prior cell phone ticket history, and your insurance renewal timing together.

Should you pay or fight?

Paying may be the simplest option when the facts are clear, it is a first offense, you are not worried about record consequences, and the total court amount is manageable. But contesting can be worth evaluating when the ticket could create a point, your insurance risk is meaningful, or the officer's observation may be incomplete or mistaken.

Consider contesting if:

• The citation is your second qualifying cell phone ticket within 36 months.
• The violation code, location, vehicle, or driver details appear wrong.
• The phone was mounted and only used in a way allowed by Vehicle Code 23123.5.
• The phone was being used for an emergency purpose covered by the statute.
• You have photos, records, witness details, or other evidence that directly address the alleged violation.

Do not assume a ticket will be dismissed just because there is a technical error or because the officer's view was imperfect. Courts decide based on the record, the officer's statement, your statement, and the evidence submitted.

Trial by Written Declaration for a cell phone ticket

A Trial by Written Declaration lets you ask the traffic court to decide the citation in writing instead of requiring an in-person appearance. The California Courts TR-205 form is the official request form for this process.

For a cell phone ticket, this path can fit when the citation is eligible, you can meet the court deadline, and you have a factual explanation or evidence that is easier to organize in writing. You generally need to follow the court's instructions, submit the required form and statement, include evidence if you have it, and comply with any bail or payment-deposit requirement listed by the court.

Before relying on the written declaration process, confirm:

• Your exact court and case number.
• The deadline on the citation or courtesy notice.
• Whether your court allows Trial by Written Declaration for your ticket.
• Whether bail deposit, proof of correction, traffic school, or other court-specific instructions apply.
• The correct mailing or electronic submission method.

ClerkHero can help organize the TR-205 paperwork, evidence checklist, and submission steps. ClerkHero provides document automation and guided preparation, not legal advice, attorney representation, or a guaranteed result.

What to do next

1. Look up the citation in the county court portal.
2. Confirm the violation code: 23123, 23123.5, 23124, or another section.
3. Check whether this is a first or repeat qualifying cell phone offense within 36 months.
4. Estimate the full cost: court amount, possible point, insurance risk, traffic school fees, and time.
5. Decide whether to pay, request traffic school if available, or contest by written declaration.

Official sources

• California Vehicle Code 23123
• California Vehicle Code 23123.5
• California Vehicle Code 12810.3
• California Courts TR-205 form

FAQ

How much is a cell phone ticket in California?

The statute lists a $20 base fine for a first offense and $50 for each subsequent offense, but the total amount due can be much higher after assessments and court fees. Check your citation, courtesy notice, or county court portal for the actual amount.

Does a California cell phone ticket add DMV points?

A first qualifying conviction generally does not add a point. A qualifying conviction under Vehicle Code 23123(a), 23123.5(a), or 23124(b) can add 1 point if it occurs within 36 months of a prior conviction for the same offense.

Will my insurance go up after a cell phone ticket?

It can, especially if the ticket creates a DMV point or you already have recent violations. The exact impact depends on your insurer, policy, driving history, and renewal timing.

Can I fight a cell phone ticket by written declaration?

Many California traffic infractions can be contested by Trial by Written Declaration, but eligibility and filing steps are court-specific. Verify your court's instructions and deadline before preparing TR-205.

Is paying the ticket the fastest option?

Paying is usually simpler, but it may still create a conviction record and possible downstream consequences. Compare the court amount against the point and insurance risk before deciding.

What should I check first?

Check the citation number, court, violation code, due date, amount due, and whether this is a repeat qualifying cell phone offense within 36 months.