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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
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Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I received a traffic ticket for using a cell phone. I am also

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I received a traffic ticket for using a cell phone. I am also on a 1 year unsupervised probation. Will the traffic violation number 23123a be considered a misdemeanor that could jeopardize my probation?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
Hello v2wsston and welcome to Just Answer.

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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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