According to a 2025 Public Opinion Survey from the California Office of Traffic Safety (OTS), 71.4% of Californians who participated identified distracted driving due to texting as one of their top traffic safety concerns. This recent statistic highlights just how dangerous it is to take your eyes, or your hands, off the wheel when driving in San Bernardino, even for a moment.

At The Gold Firm in San Bernardino, we’re dedicated to helping motor vehicle accident victims navigate California’s legal landscape. One important area our clients frequently ask about when hit by a distracted driver pertains to San Bernardino hands hands-free law, including information on California’s statewide prohibition on holding a cell phone while driving.

To better help victims, we want to provide some key details about San Bernardino cell phone law, including hands-free ticket penalties, what’s considered illegal phone use behind the wheel, and whether technologies like Bluetooth are allowed. We also outline how the law addresses the issue of holding your phone while driving.

What Is the San Bernardino Hands-Free Law?

California Vehicle Code § 23123 and § 23123.5 form the foundation of California’s hands‑free laws, which also include San Bernardino.

• VC 23123 prohibits drivers from using a handheld wireless device phone for calls unless it is being used in a fully hands-free manner, such as:
  • A Bluetooth earpiece
  • Speakerphone
• VC 23123.5, sometimes called the “texting law,” extends the hands-free use ban to include a ban on holding any electronic communications device. Unless it is fully hands-free, such as voice-activated or mounted, there is a ban on using a phone for:
  • Texting
  • Emailing
  • GPS use
  • Music adjustments
  • Checking notifications

San Bernardino Hands Free Law Is A Statewide Rule

San Bernardino does not have its opecific hands-free laws, but California’s hands‑free restrictions apply universally across all cities and counties, including San Bernardino. There are no additional local modifications that soften these rules or the penalties.

2025 Update On The “No‑Touch” Rule In California

In June 2025, the California Court of Appeal (6th Appellate District) clarified in the case PEOPLE v. PORTER that the California “no touch” law prohibits holding your phone at all, even to glance at GPS directions or notifications, while operating a vehicle, and this includes when drivers are at red lights.

Simply holding a phone to look at directions, even at a stoplight, is illegal under California law. The official judicial ruling reinforces that a phone must be fixed in a mount and operated only through hands‑free means.

Is It Illegal to Hold Your Phone While Driving?

In simple terms, yes, it is illegal, unless it’s mounted and used strictly with one tap or swipe at a time. Drivers are also allowed to communicate through voice commands. You can’t hold a phone physically in your hand, even for navigation or quickly checking directions. Simply put:

• Holding a phone is illegal
• Tapped/swiped once on a mounted device is legal
• Voice‑activated via Bluetooth or built-in car system is legal
• Handheld, even when the phone is asleep or simply carried, is illegal under the no‑touch rule

So if you reached for your phone to glance at a text or map, you are at risk of receiving a hands-free ticket.

Is Bluetooth Illegal While Driving?

California law permits Bluetooth headsets, earpieces, and speakerphone systems that are installed in the vehicle. The key requirement for drivers is that their phone must be in a hands‑free mode. They can activate and use voice commands while driving and be fully within legal limits.

Injured In An Accident Caused By A Driver Who Violated San Bernardino Hands Free Law?

If you’ve been injured in a car accident in San Bernardino that was caused by a distracted driver who was actively violating San Bernardino hands hands-freelaw, our team at the Gold Firm is here to help. Our experienced personal injury attorneys understand how to build strong personal injury cases using:

• Cellphone violation evidence
• Accident reports
• Witness testimony

We fight to hold negligent drivers accountable and pursue full compensation for accident victims’ medical bills, lost wages, pain and suffering, and more. In many cases, a San Bernardino CA accident report can serve as a crucial piece of evidence to support your claim. Knowing how to file a police report in San Bernardino California can also make a big difference in preserving your rights and strengthening your case.

Don’t wait to get the legal support and guidance you deserve after being injured by a distracted driver. If you were hit by someone who was violating California hands-free laws while driving, contact The Gold Firm today for a free case consultation. Let us handle the legal process while you focus on recovering from your injuries. We’re committed to protecting your rights every step of the way.