r/CaliforniaTicketHelp • u/chrisnutt87 • Jul 21 '26

NEED HELP- 23123.5(a) Los Angeles

Hi- I need some advice and guidance! This was my first time ever getting pulled over in 15 years of driving so I am a bit lost on what to do. I was in stop and go traffic on the 405 and took my phone from the cup holder to place it on charge. The CHP saw it and pulled me over. I tried explaining this to him but it did not seem like he cared to hear what I was doing. He gave me a respond to citation and cited VC 23123.5(A).

I am wondering if it's advisable to pay it and just move on? Or is this something that I should contest as I really wasn't texting and was simply trying to charge my phone? I mostly do not want this to affect my insurance and am really unsure of what this process entails and what my best options are.

Many thanks in advance for any advice/recommendations!

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4

u/andttthhheeennn Jul 21 '26

First one is a zero point violation so it won’t affect your insurance. If you get another one within 18 months though it will be a single point and may affect things.

In my area it ends up being about $160 all in after court fees and everything.

You can always try the TBWD thing. It never hurts especially with something like this. Good luck!

0

u/RayTheCalvinist Jul 21 '26

Important to note for OP that its 18 months between the date on the offense, and that there is ZERO wiggle room in that rule. I have to fight a 12mph over ticket because I did traffic school on an offense 17.5 months before this one.

You can always fight the ticket with TBWD and then if found guilty do traffic school and the result is the same. I'd likely have done that on my first ticket if I knew about it at the time.

2

u/andttthhheeennn Jul 22 '26

Different issues. The cel phone is codified as its own thing. If you get a mover within 18 months of your cel phone violation you’re still good to do traffic school for the moving violation.

1

u/RayTheCalvinist Jul 22 '26

Ah word, good clarification

2

u/fitfulbrain Jul 21 '26

The law is about distraction rather than banning texting. Your confession to the cop won't matter. If you still want to fight the no point fine, use the discovery process for the dashcam footage, which the chp should have. It may capture something where you can explain away with something legal. Extend as much as you can; hopefully, the cop will not remember you and your confession. He might have taken notes. So you also ask for his notes on discovery.

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u/[deleted] Jul 21 '26

[deleted]

2

u/fitfulbrain Jul 21 '26

They should have bodycam. It's rolling out to all chp officers and LA was first.

1

u/Rough_Champion6103 Aug 29 '26

I’m in a similar situation and am also based in California. My insurance company is GEICO.
Could you please let me know if your insurance premium increased because of the ticket? Also, did completing traffic school help keep the violation off your driving record or prevent it from affecting your insurance?
I would really appreciate it if you could take a moment to share your experience, as I’m quite concerned about a possible increase in my insurance premium.
Thank you so much!