How to Fight a Cell Phone Violation – 23123.5 CVC

With cell phones becoming more of a necessity to daily life rather than a luxury item, more drivers are at a higher risk of using them on the road and endangering others. Perhaps some individuals are consistently texting while driving or they just happened to encounter a police officer the single time they answered a phone call while on the road. Regardless of the circumstances that resulted in the cell phone ticket, California law states that these instances can cause distracted driving and are prohibited to promote exemplary road safety.

Traffic violations related to cell phone use are highly common in California. 23123.5 CVC, the main law condemning cell phone usage while driving, currently has relatively minimal consequences. However, as more car accidents have occurred as a result of texting or distracted driving, cell phone laws have become more stringent. No matter how a person receives a cell phone ticket, everyone has the right to learn how to fight a 23123.5 CVC violation.

What is 23123.5 CVC?

California Legislation states that 23123.5 CVC prohibits a person from driving a motor vehicle while using a wireless phone in a handheld manner. Instance of handheld phone usage that violates 23123.5 CVC includes:

• Using a cell phone in a manner that does not use its voice-operated and hands-free operations

Having said that, a cell phone may be operated in a manner requiring the use of the driver’s hand if BOTH of these conditions are met:

• If the cell phone is mounted to the dash or window in a manner that does not hinder the view of the road.
• If activation or deactivation of a feature only requires a single swipe or tap.

If found in violation of this vehicle code, the offense is punishable by a fine. For a first-time offense, the fine is $20, whereas subsequent offenses will result in a $50 fine per violation. These violations may not seem like a big deal compared to speeding or running a red light. However, that will soon change. 

Beginning July 1, 2021, a new cell phone law will be enacted which will levy an additional penalty on a driver found in violation of California’s hands-free law, 23123.5 CVC. For instance, through this law, a point will be added onto a driver’s record for each hands-free violation that occurred within the 36-period from a prior conviction for the same offense. With a guaranteed risk of points on driving records, California law enforcement hopes that people would further deter themselves from using cell phones while driving in a manner that is not hands-free.

Fighting a Cell Phone Violation

Fortunately, in the state of California, people who receive a 23123.5 CVC violation are eligible to contest their tickets without a court appearance. As stated in Vehicle Code Section 20902, Trial by Written Declaration (TR-205) allows individuals to contest their tickets in writing to mail to their local court. 

Through TicketBust’s dependable Trial by Written Declaration system, we do all of the paperwork for you. All that you have to do is follow three simple steps to fight the cell phone traffic citation.

1. Upload Your Ticket & Driver License

When fighting a cell phone traffic violation, it is critical to upload your ticket and driver’s license to our private system. Once it is loaded on the server, the information on the ticket goes through a processing system to gather the most important information from the ticket to best prepare a thorough defense against the 23123.5 CVC ticket or other cell phone-related traffic violations. 

2. Explain Your Circumstances

Through Trial by Written Declaration, individuals have the autonomy to fully express their situation when contesting their 23123.5 CVC ticket. When explaining your circumstances, gather as much information as possible, including the weather, time of day, and traffic. Additionally, it is best to explain the external factors that may have impacted your rationale for using a cell phone device while driving to provide full clarity and transparency to the court.

TicketBust’s efficient system has processed thousands of cell phone tickets. It is programmed to analyze the information and assess which explanation provides the best defense when contesting the ticket. 

3. Mail Your Defense Documents to Court

When the defense documents are available to download, print them out, sign, include a check for your bail, and mail it to the court.

TicketBust Is Ready to Help

With over 18 years of service, TicketBust strives to achieve a successful defense for each client. At TicketBust, we are prepared to serve our clients with excellent service and provide a solid defense when fighting a 23123.5 CVC traffic violation. Contact TicketBust today to contest your cell phone ticket.