Yes.  Even if a driver is only holding the phone and not typing, he or she can still be cited for violating Vehicle Code Section 23123.5.  This section prohibits drivers from holding a cell phone or other electronic wireless communication device while operating a motor vehicle.  Even if the driver is only reading a message or looking at a maps app, he or she can receive a traffic ticket.  To avoid a violation, it is best to mount the cell phone on the dashboard or center console and in a manner not to obscure your view of the road.  

The fine for a violation of Vehicle Code Section 23123.5 is $20 + penalty assessments (approximately $150-$200) for a first offense and $50 + penalty assessments for repeat offenders (approximately $250-$300).  The exact total amounts vary by courthouse.  Moreover, conviction of a second violation within 3 years of the first violation is considered a "moving violation" which results in one point being assessed to your driving record.  If you are traffic school eligible you would need to attend traffic school to avoid the point.      

If you received a traffic ticket for a cell phone violation in Los Angeles County, call our traffic ticket law firm today at (877) 667-1205 or submit the CONTACT form to schedule a free consultation.