Californiamoderate defensedistractedelemental
Device was in hands-free / mounted mode (CA)
Legal basis
VC 23123 and 23123.5 prohibit holding or manually using a wireless phone. A mounted or hands-free device operated via voice or a single tap/swipe is expressly permitted.
How our AI uses this defense
When your case facts fit this theory, our AI adapts the template below to your specific citation, courthouse, and evidence. Every field is filled in from your actual ticket — citation number, violation code, courthouse, and officer details.
At the time of the stop, my device was {configuration}. I was not holding the phone. Under VC 23123(a) and 23123.5(c), hands-free and single-tap operation of a mounted device is lawful. The officer’s observation, even if accurate, does not establish the statutory element of holding.Violations this defense applies to
Evidence that strengthens this defense
- phone-mount-photo
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