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California Vehicle Code section 23123, subdivision (a), is an infraction which cannot under any circumstances become a misdemeanor. The penalty for a violation of subdivision (a) is in subdivision (b) and is a fine which depends on whether the violation is a first or subsequent offense. The statute reads: 23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
The terms of unsupervised probation typically require the probationer not to violate any law other than traffic infractions. Unless the probationary terms specifically prohibit traffic citations, a violation of 23123, subdivision (a), would not be a violation of probation.
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