Frequently Asked Questions
Two new laws dealing with the use of wireless telephones while driving go into effect
July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws.
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 law 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. The second law prohibits drivers under the age of 18 from using a
wireless telephone or a 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: When do the new wireless telephone laws take effect?
A: The new laws take effect July 1, 2008
Q: When do the new wireless telephone laws take effect?
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.
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