CVC 23123 Handheld Cell Phone Ticket - What It Means & How to Fight It
Violation of California Vehicle Code Section 23123
Written by
Violation category
Phone & Distraction
Base fine
$35
Estimated total cost
Includes court fees and assessments
DMV points
1 point
What is California Vehicle Code CVC 23123?
Violation of California Vehicle Code Section 23123
Common scenarios
- You got pulled over because the officer saw you holding your phone, but you were actually dialing a number on speakerphone without holding it to your ear.
- You were stopped at a red light and your phone was in your lap, not in your hand, but the officer thought you were holding it.
- You briefly picked up your phone to call 911 during an emergency, and the officer gave you a ticket anyway.
Key facts
- Hands-Free is Allowed: You can use Bluetooth, speakerphone, or other hands-free devices legally while driving.
- Law Applies Even When Stopped: The law covers any time you’re behind the wheel, even if your car isn’t moving.
- Penalties Can Add Up: Fines start around $160 and can go higher if you have past tickets or cause an accident.
Fine breakdown for CVC 23123
| Category | Estimated amount |
|---|---|
| Base fine | $35 |
| Court & county surcharges (estimate) | $133 |
| Total estimated out-of-pocket | $168 |
County fees can multiply the base fine by 3–5x. ClerkHero confirms exact totals using your ticket details.
What is CVC 23123?
If you got a ticket for CVC 23123, it means the officer says you were using a handheld cell phone while driving. California law says you can’t hold your phone to talk, text, or use apps when your car is moving. This law is to keep you and everyone else safe on the road.
Why does this matter?
Using your phone while driving is risky. It takes your eyes and attention off the road. That’s why the law wants you to use hands-free devices or pull over if you need to use your phone.
What you need to know:
- You can’t hold your phone to talk, text, or look at apps while driving.
- Using hands-free devices like Bluetooth or speakerphone is allowed.
- The car doesn’t have to be moving for this law to apply — even stopped at a light counts.
If you got this ticket, don’t panic. There are ways to fight it or reduce the impact. Let’s go over some common defenses and examples to help you understand your options.
Defense ideas you can use in your TR-205 packet
Every ticket is different, but these arguments often surface in successful Trial-by-Declaration defenses. ClerkHero tailors the narrative to match your facts and any evidence you upload.
Defense 1
You were using a hands-free device, not holding the phone.
Defense 2
The phone was in your pocket or bag, not in your hand.
Defense 3
You were stopped safely and not driving when the officer saw you.
Defense 4
The officer made a mistake identifying you or the phone use.
Defense 5
You were using the phone for an emergency call.
We can help fight your ticket CVC 23123 online
ClerkHero builds your entire TR-205 defense packet automatically. No lawyer. No court visit. No confusing forms. Just upload your ticket and we handle the rest.
Step 1
Upload your ticket
We extract all violation details using hybrid OCR and AI. Works for handwritten, camera, and printed citations.
Step 2
We generate your defense
You answer a few questions. We craft a TR-205 defense letter tailored to this exact violation code.
Step 3
Sign, mail, and track
You receive a complete filing packet with step-by-step instructions. Never miss a deadline again.
Frequently asked questions about CVC 23123
Can I use my phone if my car is stopped at a red light?
No. The law says you can’t hold your phone even when stopped, like at a red light or stop sign.
What if I was just checking the time or a GPS app?
If you’re holding your phone, it’s still a violation. Use a mounted phone holder or hands-free setup instead.
Can I fight this ticket if I wasn’t holding my phone?
Yes. You can explain that you were using hands-free or that the officer made a mistake.
What happens if I get caught again?
Repeat offenses can lead to higher fines and even points on your driving record.
Is it worth going to court for this ticket?
Often yes. You might get the ticket reduced or dismissed, especially if you have a strong defense.