California has tightened its distracted driving rules, and if you drive in Los Angeles, you need to pay attention.
Under the updated July 2025 “no-touch” law, simply holding your phone while behind the wheel can get you cited.
Even glancing at a map on your phone while it’s in your hand is considered illegal. A recent court decision made that crystal clear.
What the New California Cell Phone Law Means for LA Drivers
California’s current no-touch law is part of a broader effort that began more than a decade ago.
The state banned handheld phone calls while driving in 2008, making it one of the first in the country to take legal action against distracted driving.
At the time, the law made headlines and started shifting driver behavior across the state.
In fact, Santa Monica Police Sgt. Larry Horn commented in early 2009, “Six months ago, everywhere I looked someone who was driving was on the phone… From the saddle, I’m seeing less people on the phone now” (LA Times).
Over time, as smartphones became more integrated into daily life, the law expanded.
In 2017, California added a requirement that mobile devices must be mounted and only operated with a single tap or swipe.
Still, many drivers believed they were in compliance if they simply looked at their phone or held it without interacting.
The most recent clarification came on June 2025 with a court ruling that confirmed: holding a phone while using it for any purpose, like checking a map, is a violation.
This interpretation closed a legal loophole and gave law enforcement a stronger foundation to issue citations.
California Vehicle Code Section 23123.5 prohibits any driver from holding and operating a handheld phone while driving. This includes:
- Reading or viewing anything on the screen
- Tapping to change a song
- Swiping through messages
- Looking at navigation apps
If the phone is in your hand while your car is in operation, you’re in violation.
Recommended Reading: Common Causes of Car Accidents in California
What Los Angeles Drivers Are Allowed to Do With Their Phones
Los Angeles drivers can still legally use their phones in limited, controlled ways. You are allowed to:
- Mount your phone on your dashboard, windshield, or center console
- Use voice commands like Siri or Google Assistant
- Tap or swipe once to activate or deactivate a function
As long as your phone is mounted and you’re not holding it, you’re within the law.
Recent Case: The People v. Porter
In June 2025, the California Court of Appeal issued a decision in The People v. Porter. The case involved a driver who was cited for holding his phone while using a navigation app.
He argued that because he wasn’t texting or tapping the screen, he wasn’t “operating” the phone as defined by law.
The court disagreed. It ruled that simply holding the phone while looking at directions still qualifies as “operating” the device under California Vehicle Code Section 23123.5.
In the decision, the court wrote that allowing any handheld interaction would “undermine the Legislature’s intent to eliminate the risks posed by distracted driving.”
The court also emphasized that distraction can happen even without physical interaction.
Just the act of holding and glancing at a phone diverts a driver’s attention and creates risk. By that reasoning, holding a phone at a red light or in slow traffic is no safer than using it while driving on the freeway.
This ruling closed a significant loophole. It reinforced the idea that holding a phone, even briefly, without tapping, is a violation.
For law enforcement, the decision provides clearer grounds for issuing citations. For drivers, it means no more excuses: if it’s in your hand, you’re breaking the law.
Penalties for Violating the No-Touch Law
Fines start small but can quickly add up. Here’s what to expect:
- First offense: $20 base fine (but total cost with fees is closer to $150–$200)
- Second offense: $50 base fine and a total cost exceeding $280 + 1 DMV point on your record
Insurance premiums often go up after a distracted driving ticket. These violations stay on your driving record for three years.
Legal Exceptions to California’s No-Touch Phone Law
The law does allow limited exceptions:
- Making emergency calls to 911, police, or medical services
- Drivers operating authorized emergency vehicles
- Drivers on private property
Commercial drivers using push-to-talk radios may have additional carve-outs, but personal phone use still falls under the same restrictions.
How Is the Law Enforced in Los Angeles?
Local police departments take distracted driving seriously. Officers often monitor traffic at intersections, stop signs, and freeway ramps, typical places where drivers think it’s safe to sneak a quick look at their phones.
LAPD may also run targeted enforcement campaigns, especially during high-traffic holidays or back-to-school periods.
In some cases, officers use motorcycles or unmarked vehicles to spot violations more easily.
LAPD Crackdown on Distracted Driving
In just the first four months of 2023, over 5,000 drivers in Los Angeles were reportedly cited for using their cellphones behind the wheel. The number reflects an aggressive enforcement effort and a growing concern over handheld phone use on LA roads.
How Cellphone Use Can Affect Liability After a Crash
If you’re involved in a crash while holding your phone, it can affect your case. The other driver, or their insurance company, can argue that you were distracted.
This opens the door to shared fault or even full liability.
For example:
- A driver cautiously enters an intersection on a green light while another vehicle unexpectedly makes a dangerous left turn in front of them. The turning driver would typically be at fault. However, the first driver is seen holding a phone, even though they weren’t using it at the moment of impact. That detail could be used to argue that the driver was distracted, potentially increasing or splitting liability.
- A driver is legally parked at a curb waiting to merge into traffic. They’re holding their phone, not interacting with it, when a speeding car cuts into the bike lane and clips their vehicle. The phone in hand could still be used to question their attentiveness.
In both cases, the driver using the phone may be found partially at fault—even if the other vehicle contributed to the crash.
Insurance company lawyers could use cellphone records, traffic cam footage, and witness statements to prove distraction with the ultimate goal of reducing their liability and increasing yours.
Recommended Reading: How the “Reasonable Person” Standard is Used to Determine Fault
Josh Klinghoffer Crash in Alhambra
In March 2024, a high-profile crash in Alhambra brought no-touch discussions back into the spotlight.
- Former Red Hot Chili Peppers guitarist Josh Klinghoffer was involved in a fatal crash that killed a pedestrian.
- Lawsuit filings allege he “was using a cellphone while driving,” and video footage shows him holding an object above the steering wheel
- The victim’s attorney stated: “They didn’t even check his cell phone … They have the video evidence to show he was playing with a device, driving distracted.” ABC7 Los Angeles
This incident shows how serious the consequences of handheld phone use can be. The family’s concerns about cellphone use echo The People v. Porter, re-emphasizing why the no-touch law was tightened and how enforcement and investigations need to evolve.
Tips to Stay Safe and Legal
To avoid tickets and protect yourself after a crash, follow these tips:
- Mount your phone before driving
- Set your GPS route in advance
- Use Do Not Disturb mode while driving
- Stick to voice commands or one-tap actions
- Pull over if you need to read or respond to anything
If You Were Hit by a Distracted Driver
If you were injured in a crash and suspect the other driver was distracted by their phone, speak with a lawyer.
Distracted driving can be strong evidence in a personal injury claim.
Right after the crash, take these steps to protect your case:
- Tell the responding officer that you suspect the other driver was using their phone
- Look for witnesses who might have seen the phone use
- Take photos of the scene, including both vehicles and the other driver’s hands or phone if visible
- Request a copy of the police report once it’s available
- Preserve any dash cam or surveillance footage, if applicable
- Get medical treatment right away and keep all related documentation
Our team at El Dabe Ritter Trial Lawyers helps Los Angeles accident victims build strong cases backed by evidence.
We know the local courts. We understand how to uncover phone use and prove liability.
Final Thoughts
The no-touch law directly affects how fault is assigned after a car accident. Los Angeles drivers who follow the law reduce their risk of citations, higher insurance rates, and liability in a crash.
Staying compliant isn’t just about avoiding tickets. It strengthens your position if you’re ever involved in a legal claim.
If you’ve been in a crash or have questions about your rights, contact our team. We offer free consultations and are here to help.
Frequently Asked Questions About California’s No-Touch Law
Is it illegal to hold my phone at a red light in California?
Yes. Even when stopped at a red light, holding your phone is considered “operating” the device under California law.
Can I use my phone if it’s mounted?
Yes, as long as it’s mounted and you only use one tap or swipe. Voice commands are also allowed.
What’s the fine for holding a phone while driving?
The base fine starts at $20 for a first offense, but with fees, you could end up paying over $150. A second offense adds a DMV point and higher penalties.
What if I was hit by a distracted driver?
You may have a strong claim. Distracted driving can be used to establish fault, especially if phone use can be proven.
Are there any exceptions to the no-touch law?
Yes. Emergency calls, authorized emergency vehicles, and use on private property are permitted exceptions.
Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.
