California’s New “No-Touch” Law: What You Need to Know

For years, distracted driving has been one of the leading causes of motor vehicle accidents on roadways across California. Even though the state has laws in place requiring the use of hands-free devices, vague language has allowed local drivers to find loopholes and evade legal responsibility.

To help improve this situation, a new law, colloquially referred to as the “No-Touch Law” went into effect earlier this month. This is an expansion of already existing hands-free law, and aims to clarify what can be constituted as illegal under these regulations.

What Was the Law Before?

Initially enacted on July 1, 2011, California Vehicle Code §23123.5 regulates the use of wireless communication devices while at the wheel. This law is a key part of the state’s larger plan to improve road safety and reduce distracted driving. Under it, a driver is prohibited from operating a motor vehicle while holding and utilizing a handheld wireless phone or electronic communications device, unless under specific circumstances. Under this law, drivers were allowed limited use of these devices if two conditions were simultaneously met:

1. The device is mounted on the vehicle’s windshield the same way a GPS would be, or to the vehicle dashboard or center console in a way that does obstruct the driver’s view of the road.
2. The only required motion to operate the device is a single swipe or tap of the driver’s finger.

While this law discouraged active texting and calling without the use of hands-free technology, some drivers believed they could legally hold their phone to check a map, glance at a notification, or receive a call as long as it was on speakerphone and they weren’t actively interacting with the device. The new expansion to the law aims at eliminating this confusing gray area.

What Changes Does the No-Touch Law Bring?

With the new California Court of Appeal’s ruling, it is now clearly stated that holding a phone at all while operating a vehicle is a violation of the law. This includes when the driver is not actively interacting with the device, like when they hold it to look at a map. Under this revision, “no-touch” really means no touching your device, at all. Specifically, the following actions are now clearly stated to be illegal:

• Holding a phone to follow GPS directions.
• Holding a phone while scrolling social media or selecting music.
• Holding a phone while making a call, even while the device is set on speaker.
• Checking messages or notifications while stopped at a stoplight or stop sign.

Drivers must now refrain from holding their device and instead use a mount. Additionally, any action to operate the device beyond a single tap or voice commands is now a punishable offense.

While the base fine for an infraction can be as low as $20 for a first offender, this amount can increase for subsequent offenses and skyrocket when adding administrative and legal fees. With this new initiative, California hopes to see fewer distracted driving infractions and therefore decrease the number of accidents caused by these violations.

To avoid unnecessary fines and, most importantly, stay safe on California roads, drivers are advised to follow these guidelines:

• Use a dashboard or windshield mount that doesn’t obstruct your view of the road.
• Enable voice commands like and functions like Siri and Google Assistant.
• Set your destination in your GPS and select your music before you begin to drive.
• Activate the “do not disturb” mode while driving to minimize the temptation of looking at notifications.
• If you must interact with your phone, find a safe place to pull over first.

What Does the No-Touch Law Mean for Accident Victims?

While this ruling aims to minimize the number of collisions on California roads related to device use, accidents can still happen. For those injured in a distracted driving accident, this law is especially important. The clarification to the existing law gives plaintiffs stronger legal grounds to establish negligence and pursue compensation for any injuries suffered.

If you were injured in an accident in which another driver was distracted by their phone, at Adamson Ahdoot, we can help you launch an exhaustive investigation to establish liability. To do so, we can:

• Request cell phone records for the time of the accident.
• Recover surveillance or dashcam footage that captures handheld use.
• Leverage this new interpretation to support your claim and maximize the available compensation for your injuries and losses.

Contact a Lawyer who Understands the New No-Touch Law

Court rulings, new legislation, and public safety concerns can reshape the legal landscape seemingly overnight, that’s why, having an experienced attorney by your side, who knows the law and is familiar with the newest changes can make a significant impact on the outcome of your case.

At Adamson Ahdoot, we are dedicated to uncovering the facts, holding the negligent parties accountable, and helping victims reclaim their lives and recover what they’re owed.

For a free consultation with a motor vehicle accident expert, call (800) 310-1606 today or submit your information through our online form and we’ll get in touch to discuss your options.