Illegal cell phone use in a CMV on Interstate 80 in Roseville, CA, is more than a simple traffic infraction.
For commercial drivers, it is a “serious offense” at the DOT FMCSA that can cost you a driver disqualification for a second paid fine within three years of the first, your livelihood, and your future job prospects.
Our team of commercial driver’s license (CDL) traffic attorneys understands the seriousness of this matter. We're here to help you fight back.
🚫 What California Law Says About Handheld Device Use in a CMV
Under California Vehicle Code (VC) Section 23123.5, handheld phone use while driving is prohibited.
This prohibition includes sitting at a red light or crawling through traffic on I-80 in Roseville. The law doesn’t care if you’re rolling slowly or stopped—if you're not parked, you can’t use a handheld communication device.
Only two things make using your phone legal:
It must be mounted and operated with one finger swipe.
Or, it must be hands-free and voice-activated.
This applies statewide but is aggressively enforced on commercial truck corridors like I-80 in Placer County.
⚠️ The Risk of Paying the Fine Without Fighting Back
Paying the fine might seem like the easy way out—but it often isn’t.
A second conviction for illegal cell phone use in a CMV will result in 1.5 NOTS points and a report to the FMCSA. That’s not something you want on your Pre-Employment Screening Program (PSP) record.
One ticket may not cost your job. A second one? That’s when disqualification becomes a real risk.
FMCSA Rules & Serious Offenses
The FMCSA treats illegal cell phone use in a CMV as a serious offense.
Here's what the penalties look like:
1st violation: $150 fine.
2nd offense with a paid fine or conviction: $260 fine + 1.5 NOTS points + FMCSA notification.
2nd conviction within 3 years: 60-day FMCSA driver disqualification.
3rd offense: 120-day disqualification.
4th offense: One-year disqualification.
5th offense: Lifetime ban from driving a CMV.
Most drivers, other than independent operators, never reach the third strike. Most employers won’t hold their jobs during disqualifications.
Smart Ways to Avoid These Citations
Avoiding that first violation is key. But if you’ve already been ticketed, don’t panic. We’ve helped many drivers in Roseville traffic court protect their careers.
Our attorneys can:
Appear in court for you.
Try to reduce charges to non-moving violations.
Fight for dismissals or lesser fines.
Mount your phone legally. Use the onboard ELD or voice-activated systems. Keep your driving record clean and avoid major career setbacks.
Download our e-book, Protecting Your Commercial Driver License.
NOTE: As of 10 June 2025, the DMV launched online renewal of Commercial Driver’s Licenses (CDLs).
Consult Bigger & Harman About an Illegal Cell Phone Use Ticket in Roseville, CA
Call Bigger & Harman at (661) 349-9300—Se habla Español 349-9755 when you have questions about an illegal cell phone use ticket. We offer a free consultation to commercial drivers in California.
If you were pulled over for illegal cell phone use in a CMV on I-80 in Roseville, in Placer County, or across California, contact us now. We understand what’s at stake.
We’ve defended drivers ticketed near In-N-Out Burger on I-80. Our local traffic attorneys work regularly with the Placer County courts. We know how to navigate this process and how to protect your job.
Use our handy online contact form or email us today at attorney@biggerharmanlaw.com.
❓ Frequently Asked Questions (FAQ) Section
Q: Can I use my cell phone at a red light while driving a CMV in California?
A: No. California traffic law treats red lights and stopped traffic the same as driving. You must be parked to use a handheld device unless it's mounted, hands-free, and can be used with a single swipe of your finger unless there’s an emergency.
Q: What happens if I ignore a ticket for unlawful cell phone use in a CMV?
A: Ignoring the ticket could lead to a misdemeanor (but not likely) ticket for failure to appear, a bench warrant, or a conviction in your absence. It’s always better to contest the ticket with legal help.
Q: Will a single paid fine or conviction affect my job as a commercial driver?
A: It could. It’s always advisable to consult a CA traffic ticket attorney. However, multiple convictions within three years will lead to a driver disqualification and could cost you your job and CDL.
References:
CA VC 23123.5, Driving Offenses and AB-47, Distracted Driving.
The DOT FMCSA Mobile Phone Restrictions Fact Sheet.
The DMV Portal CA Commercial Driver Handbook.