New Wireless Laws Effective July 1, 2008

June 10, 2008

The following is a list of Frequently Asked Questions concerning the new laws governing the use of cell phones while driving in California -

Q:
When do the new wireless telephone laws take effect?

A:
The new laws take effect July 1, 2008

Q:
What is the difference between the two laws?

A:
The first prohibits all drivers from using a handheld wireless telephone while operating a
motor vehicle.
(Vehicle Code (VC) §23123).
Motorists 18 and over may use a hands-free
device. Drivers under the age of 18 may NOT use a wireless telephone or hands-free
device while operating a motor vehicle
(VC §23124).

Q:
What if I need to use my telephone during an emergency, and I do not have a hands-
free device?

A:
The law allows a driver to use a wireless telephone to make emergency calls to a law
enforcement agency, a medical provider, the fire department, or other emergency services
agency.

Q:
What are the fines if I’m convicted?

A:
The base fine for the FIRST offense is $20 and $50 for subsequent convictions.
According to the Uniform Bail and Penalty Schedule, with the addition of penalty
assessments, a first offense is $76 and a second offense is $190.

Q: Will I receive a point on my drivers license if I’m convicted for a violation of the
wireless telephone law?

A:
NO. The violation is a reportable offense: however, DMV will not assign a violation
point.

Q:
Will the conviction appear on my driving record?

A:
Yes, but the violation point will not be added.

Q:
Will there be a grace period when motorists will only get a warning?

A:
NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at
the discretion of the officer based upon his or her determination of the most appropriate
remedy for the situation.

Q:
Are passengers affected by this law?

A:
No. This law only applies to the person driving a motor vehicle.