California’s New No-Touch Phone Law: Get Ticketed Just for Holding Your Phone

By Eugene Bruno on July 30, 2025

Are you still picking up your phone at red lights? Don’t, it could cost you up to $200 or more. That’s right, California’s new no-touch phone law just made the rules a lot stricter. 

California’s updated “no-touch” cell phone law has taken distracted driving prevention to the next level by making it illegal to even hold or handle your phone while driving — not just for texting, but for any reason. That means maps, music, scrolling, camera, you name it. If it’s in your hand while you’re driving, you could be ticketed. A first time offense, including court fees, could cost up to $200. A second offense within 36 months could cost $300 and you’ll get 1 point on your license.

So what does this mean? And more importantly — what does it mean if you’re injured by someone breaking the new rule?

What the Law Says

The updated rule builds on existing California Vehicle Code § 23123.5, but closes some big loopholes. The 2025 revisions now says: Drivers cannot hold or touch their phone AT ALL while driving, even at red lights or in traffic. Drivers can only use completely hands-free technology (Bluetooth, dashboard mount, voice control, etc.). You can only swipe or tap once to activate or end a call — and only if the phone is mounted. That means no scrolling Spotify, no typing an address into Google Maps, and definitely no checking notifications while stopped at a light. If it’s in your hand, you’re in violation. And by the way, that cup holder is not a phone mount.

Why the Law Changed: The Case That Closed a Giant Loophole

A June 2025 case in the California Court of Appeal put handheld phone use under a spotlight. In that case, a driver who’d been cited argued that he wasn’t texting — he was merely holding his phone to look at GPS directions — and a lower court tossed the ticket. But on review, the appellate court reversed and held that holding a phone for ANY REASON while driving violates the hands-free statute, because allowing “just looking” would defeat the Legislature’s intent to reduce distraction. That ruling effectively closed a big loophole and pushed lawmakers to enact the broader “no-touch” update now in effect.

Why It Matters in Personal Injury Cases

If you’re injured in a crash caused by a driver who was illegally using their phone, this new law becomes powerful evidence. It can help establish negligence per se — meaning they broke the law, and that violation directly contributed to the crash.

At Eugene Bruno & Associates, we always investigate the possibility of distracted driving as the cause of a crash. This new law gives us one more tool to go after bad drivers. If you can prove the other driver was illegally using his phone, this increases your leverage during settlement negotiations and can increase the value of your claim.

What You Should Do After a Crash

If you witnessed the other driver on their phone at the time of the crash, tell police at the scene. Request that the officer inspect the vehicle to determine if there is a legal phone mount and inspect the phone to determine the last time it was used. Take a photo of the interior of the other driver’s car to show there was no phone mount. Tell your attorney so we can obtain phone records or subpoena phone data in litigation. These facts matter more than ever under the new no-touch standard.

The Bottom Line

California’s new “no touch” law means business: Hands off your phone while driving — period. Mounted + single tap = legal. Holding + looking = ticket… and potential liability in an injury case. If you’ve been hurt by a phone-distracted driver, we’ll dig into the evidence and hold them accountable.

Injured by a distracted driver? Contact a San Diego car accident lawyer at Eugene Bruno & Associates today for a free case review by calling 1-888-BRUNO-88 (1-888-278-6688).

We investigate distraction, prove fault, and fight for full compensation.