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With 39,431,263 residents, California is the most populated state in the country. So it shouldn't come as a surprise that it's also home to two of the top cities with some of the worst traffic: Los Angeles and San Francisco. It's a given that many Californians spend a lot of time on the roads, and nearly all of them have cell phones.
The hands-free law in California was first passed in 2008 and prohibited drivers from using a cell phone while driving, unless it was equipped with hands-free technology. A year later, the law made texting while driving illegal. And since 2017, California Vehicle Code § 23123.5 has made holding and using your phone while driving illegal, aiming to stop distracted drivers who are scrolling social feeds or checking e-mails while behind the wheel.
The 2017 revision allows drivers to use their device only if it's firmly mounted to a windshield, dashboard, or center console (as long as it doesn't block the driver's view), and can be operated with voice commands. Drivers are only allowed to touch the device briefly to turn it on or off. In June 2025, the California Court of Appeals (Sixth Appellate District) agreed that the law was initially meant to prevent both visual and mental distractions, so merely holding a cell phone to check a navigation app or skip a song — even while stopped at a red light — is illegal. Drivers under 18 have never been allowed to use a cell phone under any circumstances.
The No Touch rule
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Eight years have passed since the 2017 revision, and drivers have since gotten good at finding ways to circumvent it. This has led to misconceptions about its scope, such as the idea that it's perfectly fine to sneak a peek while the vehicle is stopped at a traffic light. Now known as the "No Touch" rule, drivers aren't allowed to hold a phone in their hand during the regular operation of a motor vehicle – under any circumstance. The court went on to specifically point out that the use of mapping applications (even if you're not touching the screen) "would be contrary to the Legislature's intent."
The "No Touch" rule builds on the existing law, which, as previously mentioned, requires a device to be securely mounted to something. Should the device be freely (and illegally) sitting in your lap, it's a good idea not to be seen with your head tilted down looking at the screen, or you'll more than likely get pulled over by the long arm of the law.
According to police in Palm Springs, even when you're stuck in slow-as-molasses traffic or completely stopped at a traffic light, you're still driving your vehicle. What's more, the California Office of Traffic Safety considers holding your phone "distracted driving" because it takes your attention away from safely operating your car and removes your hands from the steering wheel, where they should be. The OTS says that driving distracted triples your chances of getting in an accident. Fortunately, some gadgets exist that'll help you use your phone safely while driving.
