Driving on San Diego’s freeways and bustling streets requires your full attention. From the busy 5 freeway to the scenic coastal routes, distractions can lead to serious accidents. That’s why California has one of the strictest distracted driving laws in the nation, often referred to as the “no-touch” cell phone policy. This law aims to keep everyone safer by minimizing dangerous distractions behind the wheel.

The Golden Rule: If It’s in Your Hand, It’s Illegal

The core of California’s “no-touch” cell phone law is simple: you cannot hold or physically touch your cell phone for virtually any reason while driving. This rule applies whether you’re moving, stopped at a red light, or stuck in traffic. If your vehicle is “operating” (meaning it’s not parked), your phone should not be in your hand.

This strict interpretation was solidified by a California court ruling in June 2025, clarifying that even briefly holding your phone – perhaps to glance at directions or check a notification – is a violation.

What’s Strictly Prohibited (and carries penalties):

• Holding Your Phone, Period: This is the most critical point. Even if you’re not actively talking or texting, simply having your phone in your hand while behind the wheel is illegal.
• Scrolling or Swiping (Unless Mounted with Single Tap/Swipe): You cannot scroll through your music playlists, social media feeds, emails, or messages if you’re holding the phone.
• Viewing Anything While Holding: Looking at GPS directions, a video, a photo, or any other content on your phone’s screen while it’s in your hand is against the law.
• Any Prolonged Interaction (Even Mounted): Even if your device is properly mounted, prolonged interaction that takes your attention away from the road (like typing out a long message) is generally not permitted. The intent is minimal, quick interaction.

The penalties for violating this law can add up. A first offense can result in a fine of over $160 (including fees and assessments). Subsequent offenses within 36 months carry higher fines, potentially exceeding $280, and can add a point to your DMV record, which might impact your insurance rates.

What’s Allowed: Staying Hands-Free and Focused

California’s law isn’t about banning phones entirely; it’s about promoting hands-free operation to keep your eyes and mind on the road.

Here’s how you can legally use your cell phone while driving:

1. Mount Your Device: Your phone must be securely mounted on your dashboard, windshield (in a designated area), or center console. It must be positioned so it doesn’t obstruct your view of the road.
2. Use Voice Commands: Utilize voice-activated features like Siri, Google Assistant, or your car’s built-in voice system to make calls, send messages, or get directions. This is the safest way to interact with your phone.
3. Single Tap or Swipe (Only When Mounted): If your phone is properly mounted, you are allowed to activate or deactivate a function with a single tap or swipe of your finger. Think of it for quick actions like answering a call or skipping a song – not for Browse or typing.
4. Emergency Calls: In a genuine emergency, you are permitted to use your phone to contact law enforcement, a medical provider, the fire department, or other emergency services, even if it means holding it.

For Drivers Under 18: It’s important to note that California has even stricter rules for drivers under 18. They are generally prohibited from using any electronic devices while driving, even hands-free, except in emergency situations.

The Real Danger: Distracted Driving Accidents in San Diego

This “no-touch” law isn’t just about avoiding a ticket; it’s about preventing serious car accidents caused by distracted driving. When you’re distracted by a cell phone, your reaction time slows, your awareness of your surroundings diminishes, and your ability to respond to sudden hazards is severely compromised.

If you or a loved one has been injured in a car accident in San Diego, and you suspect the other driver was distracted by their cell phone, you may have a personal injury claim. Proving distracted driving can be complex, often requiring analysis of cell phone records, witness statements, and accident reconstruction.

At Nahama Law,  our experienced San Diego personal injury attorneys are dedicated to helping victims of distracted driving accidents. We understand the devastating impact these incidents can have, and we work tirelessly to ensure that negligent drivers are held accountable.

Stay safe on San Diego roads. Put your phone away, focus on driving, and help make our community’s roads safer for everyone. If you’ve been hurt by a distracted driver, contact us today for a free consultation. We’re here to help you understand your rights and pursue the justice you deserve.