Cell phone tickets in California

Answer 1

The law does not affect passengers, they are free to use cell phones while traveling in an automobile. The law applies to anyone driving in California, whether the driver lives in California or not.

There are a few exceptions to the general ban. Hand held cell phones may be used:

• to make an emergency call to a law enforcement

  agency, medical provider, fire department, or other

  emergency service agency

• by those operating authorized emergency vehicles, and

• by those operating vehicles on private property.

The law does not provide an exception for drivers that have a push-to-talk feature on their cell phone. However, drivers operating a commercial motor truck or truck tractor (but

not a pickup), tow truck, or farm vehicle may use a two-way radio operated by a "push-to-talk" feature.

The fine for a first offense for a call phone traffic ticket, including penalty assessments, is $76. A second offense is $190. However, although a violation of the hand held cell

phone ban is a reportable offense and will appear on your driving record, it will not count as a DMV point. The police have primary enforcement authority for a violation of the cell phone law. That means that an officer can pull you over just for this infraction and issue a traffic ticket to you.

Answer 2

you must have a hands free device in California to use your phone while driving.