CVC 23123 — Handheld Wireless Telephone Use

What a California Vehicle Code §23123 citation actually accuses you of, and the angles drivers use to contest one by mail.

What the court has to find

Driving while using a wireless telephone unless it is configured for hands-free listening and talking and used in that manner (subsection (a)).

Defense angles that fit this section

The device was not in use, or was used in a lawful hands-free/mounted manner; permissible single-touch operation of a mounted device; emergency-call exception.

The real cost of pleading guilty: penalty assessments multiply the base fine several times over, and a point can raise your insurance for three years. Run the numbers with the fine calculator.

Contest your CVC 23123 ticket by mail

A Trial by Written Declaration lets you fight it without a court date — and losing still leaves you the right to a brand-new in-person trial.

Start with your ticket

This page explains the statute in general terms; it isn't legal advice about your specific case. See the Trial by Written Declaration FAQ for how the mail-in process works.