DUI Lawyer | Joel Brand, Esq.

VC 23123.5 – Distracted Driving

In an era where digital connectivity is integral to daily life, the use of wireless communication devices while driving has become a significant concern for road safety. California Vehicle Code (VC) § 23123.5 specifically addresses the use of handheld wireless devices while operating a motor vehicle. This article delves into the details of VC 23123.5, exploring its provisions, implications, and the defenses available if you are cited under this law.

What Is VC 23123.5?

California Vehicle Code § 23123.5 states:

“A person shall not drive a motor vehicle while using a wireless telephone or a wireless electronic communication device, unless the device is specifically designed and configured to allow hands-free operation and is used in that manner.”

In essence, VC 23123.5 prohibits drivers from using handheld wireless devices for communication while driving, unless the device is used in a hands-free mode. This includes making phone calls, texting, or engaging in other forms of electronic communication.

Purpose and Scope of VC 23123.5

VC 23123.5 aims to minimize distractions caused by handheld devices, which can significantly impair a driver’s ability to operate a vehicle safely. Distracted driving is a leading cause of traffic accidents, and the law seeks to reduce these risks by limiting drivers’ use of such devices.

The scope of VC 23123.5 is broad and includes various types of wireless electronic communication devices, such as:

  • Mobile Phones: Used for calling, texting, or accessing apps.
  • Tablets and Other Portable Devices: Used for communication or internet access.
  • Wireless Communication Devices: Any device that transmits or receives data wirelessly.

Hands-Free Requirements

For a device to be used legally under VC 23123.5, it must meet specific hands-free criteria:

  • Mounting: The device must be mounted on the vehicle in a way that allows the driver to use it without holding it. This can be done with a dashboard or windshield mount.
  • Voice Activation: Devices that support voice commands and allow drivers to control them without physical interaction are generally considered compliant.
  • Bluetooth and Other Technology: Many vehicles come equipped with built-in Bluetooth systems or other integrated technologies that comply with the hands-free requirements of the law.

Penalties for Violating VC 23123.5

Violations of VC 23123.5 are considered infractions and typically result in:

  1. Fines: The standard fine for a violation of VC 23123.5 is $20 for a first offense and $50 for subsequent offenses. These amounts can vary based on local ordinances and additional court fees.
  2. Points on Driving Record: While VC 23123.5 violations generally do not add points to a driver’s record, repeated infractions could potentially affect insurance rates and driving privileges.
  3. Additional Costs: In some cases, court costs or administrative fees may also apply.

Common Defenses Against VC 23123.5 Charges

If cited for a VC 23123.5 violation, several defenses may be available:

  1. Device Was Hands-Free: If you can demonstrate that your device was used in a hands-free mode, you may be able to contest the citation. This could include evidence of using voice commands or having the device properly mounted.
  2. Device Was Not in Use: If you were not actively using the device at the time of the citation, you might challenge the claim. This could involve providing evidence that the device was off or not being used for communication purposes.
  3. Unclear Visibility of Device: In some cases, it may be argued that the device was not visible or used in a manner that was not distracting. If the device was in a pocket or otherwise not easily accessible, this could be relevant.
  4. Mistake of Fact: If there was a misunderstanding about whether the device was being used in violation of the law, you might be able to argue a mistake of fact. For instance, if the officer misunderstood the nature of the device’s use, this could be a valid defense.
  5. Technical Issues with Device: If your device was malfunctioning and not operational at the time, this might be a defense. Proof of technical issues, such as a broken or non-functional device, could be relevant.

Legal Advice and Representation

Dealing with a VC 23123.5 citation may seem straightforward, but navigating the legal system and contesting a traffic violation can be complex. An experienced traffic attorney can provide valuable assistance, helping you understand the charges, present a strong defense, and potentially mitigate penalties.

Conclusion

California Vehicle Code § 23123.5 is a critical regulation designed to enhance road safety by limiting the use of handheld wireless devices while driving. Understanding and complying with this law can help prevent accidents and legal issues. If you receive a citation under VC 23123.5, seeking professional legal advice can ensure that you address the situation effectively and protect your driving record.

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