California laws for driving and talking on a cell phone?

Question

My husband is adamant that as of 1/1/07 it is an OFFICIAL LAW that you cannot drive and talk on your cell phone in California unless you are using a handsfree device like a Bluetooth or headphones. I understand that driving with a phone is unsafe, but I still think it's not illegal....at least not yet. Can anyone tell me?

Answer 1

Yes it is illegal, I was pulled over for it a year ago.

Answer 2

Last year, the California State legislature passed a law, to take effect next January, 2008, banning cellphones except for "hands-free" cellphones while driving. California will become the fourth state to ban hand-held cellphones while driving. Also, several cities have banned cellphone use as well. Here is a press release from when the governor signed the bill: "Governor Arnold Schwarzenegger has added California to the growing list of states that have banned the use of hand-held cell phones while driving. San Francisco, CA (PRWEB) September 18, 2006 – Governor Arnold Schwarzenegger has added California to the growing list of states that have banned the use of hand-held cell phones while driving. With the signing of bill SB-1613, California drivers will be required to use hands-free devices as of January 1, 2008. • Use a headset. "Hands-free" means no hands on the actual cell phone. Today’s variety of cell phone headsets and the plethora of Bluetooth headsets and Bluetooth-enabled cell phones make the technology more accessible to everyone. .

Answer 3

Let me know when you find out. I live in California and haven't heard of a law being past. But like yours, my husband says that there was supposed to have been some new law coming. Don't you think there would be like a news alert, front page newspaper article, at least a memo? You wanna hear something funny...I see all kinds of people on their cells...kids walking home from school, moms in mini vans, dudes riding bikes(not a joke...he looked homeless but he had a phone) but this last one topped the list...I saw a policeman driving his cop car talking on his cell phone! I should have taken his picture...that would have made money.

Answer 4

Stop! You're both right!

California Vehicle Code section 23123, which was passed last year, will make it a minor offense to use a wireless phone which is not hands-free. (It will be a maximum fine of $20, or $50 with a prior, and it will NOT be a point for DMV purposes.)

However, the statute does not go into effect until July 1, 2008.

Answer 5

Yepp, don't worry be happy now you're a lot safer. I'm a driver and if I had the chance I would vote for a law, that would allow law-enforcement to check the phone recordes of both drivers of an acciedent or ticket. Beleive it or not, if you are on a cell phone, your attention is not focused on driving and I hate driving behind some jerk off that isn't paying attention to the road!!!!!!

Answer 6

On July 1, 2008 the new cell phone law will take effect. In short, you can be pulled over for talking on your cell phone without a hands free device.

Current law allows you to be cited for talking on you cell phone, but an officer can not pull you over for it.

Answer 7

I don't know about the legality but common sense should tell you that since talking on a cell phone WITH OR WITHOUT a headset is like driving with a blood alcohol level of .10, which is above the legal limit for drunk driving, you shoul never, never use a cell phone while driving. NEVER. Regardless of the law.

Answer 8

it should be if it isnt. It is very dangerous. If you aree using a phone you are not in control of the car are aware of what is happening outside the car.
It is illegal here in Great Britain but unfortunately the police do not enforce it

Answer 9

yes, your husband is correct about the new law. I think the fine is about $20 though.

Answer 10

the new law goes into effect july 2008