Arnold Schwarzenegger Signs Law

New Hands-Free Cell Phone Law in California

If you haven't heard, July 1, 2008 marked the first day that police officers in California have the authority to pull you over for talking on your cell phone while driving. You must have a "hands-free device" in your car or on your person if you plan to chat while driving.

What does "hands-free" mean? A speakerphone in your car. The speaker feature activated on your cell phone. A corded or wireless listening device that either plugs in your cell phone or picks up its signal.

All drivers are banned from using a handheld wireless telephone while operating a motor vehicle.

ALL OUT-OF-STATE drivers are subject to this law.

Motorists 18, if using a cell phone, must use a "hands-free device." Both ears are not allowed to be covered. You may dial your phone, but to talk you must 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.

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.

If you get a ticket it will cost you $20--the FIRST time. It will cost you $50 if you get caught additional times. And with the addition of penalty assessments, the fines can increase 3x base fine amount.

The violation is a reportable to the California DMV, but the DMV will not assign a violation point. It will appear on your record.

Police officers have the right to pull you over JUST because your cell phone is to your ear. No other cause is needed for a legal stop. He/she has the discretion to issue a ticket or warning. Play it smart. Be nice to the police officer.

Passengers can use cell phones without the "hands-free device."

The law applies to folks with phones that have the push-to-talk feature.

Emergency vehicles are exempt.

And guess what? It is LEGAL to text message. Go figure.