Public OffensesDriving Offenses
Section § 23100
This law says that the rules in this chapter are about vehicles and they apply not just on highways, but everywhere in the state of California, unless another rule specifically says they don't.
Section § 23103
This law states that if someone drives a vehicle on a public highway or in an offstreet parking facility with a deliberate disregard for the safety of people or property, they are committing the crime of reckless driving.
If convicted, the person faces a jail time of 5 to 90 days, a fine ranging from $145 to $1,000, or both. Different penalties may apply in certain circumstances outlined in other sections.
Section § 23103.5
This law deals with situations where someone charged with drunk driving (Section 23152) pleads guilty to a lesser charge (Section 23103). The prosecution must provide the facts of the case, especially if drugs or alcohol were involved.
The court needs to explain to the person pleading guilty all the consequences of this lesser charge, which could impact future cases if alcohol or drugs were involved.
If a person is placed on probation for this lesser charge, they might have to join an alcohol and drug education program, unless there are compelling reasons not to.
If there is a similar past offense, stricter rules apply, including longer educational programs. The court might also require an ignition interlock device on their vehicle to ensure they don’t drive under the influence again, tracking compliance through the DMV.
These rules are set to expire on January 1, 2026, unless the law is extended.
Section § 23103.5
This law explains the process when a person charged with DUI (driving under the influence) accepts a plea deal to a lesser charge of reckless driving. The prosecution must provide a written statement detailing whether alcohol or drugs were involved in the original DUI charge. If alcohol or drugs are confirmed, the new conviction counts as a prior offense for certain repeat offender penalties.
The court must inform the defendant about the consequences of this conviction. If placed on probation, the defendant must attend an alcohol and drug education program unless there are compelling reasons not to, which the court must document. If the defendant has a recent history of similar offenses, they might have to complete a longer program with more intensive requirements. The court can revoke probation if the defendant fails to complete the required program. Additionally, the law requires the DMV to report on the effectiveness of these programs to the Legislature annually. This law takes effect on January 1, 2026.
Section § 23104
This law says that if someone is driving recklessly and causes injury to someone else, they can be jailed for 30 days to 6 months, or fined $220 to $1,000, or both. If the reckless driving causes severe injury, and the driver has been convicted before for similar or other serious driving offenses, they face more severe penalties aligned with specified Penal Code rules, in addition to possible jail or fines as mentioned.
Section § 23105
If someone is convicted of reckless driving and it causes specific injuries to another person, they will face punishment. This can include jail time, a fine, or both. The injuries considered serious include losing consciousness, having a concussion, breaking a bone, losing function of a body part, needing extensive stitches, being seriously disfigured, getting brain injury, or paralysis.
Additionally, this law allows for prosecution under other laws as well.
Section § 23109
This law makes it illegal to participate in or help with car races or speed shows on public roads or parking lots. If you participate, aid, or set up these events, you can face jail time, fines, and your driver's license might be suspended or restricted. These rules also cover 'sideshows' where a group blocks a road to perform car stunts. If caught and convicted, offenders might face jail, community service, and fines. Repeat offenders may face harsher penalties, especially if someone gets injured. Judges can consider specific hardships when deciding on driver's license restrictions.
Section § 23109.1
If you're convicted of illegal street racing that results in certain serious injuries to someone else (not the driver), you can face jail time, a fine, or both. Jail time ranges from 30 days to six months, and fines range from $500 to $1,000. Serious injuries include things like concussions, broken bones, or brain injuries.
This law doesn't stop you from being charged under other laws, too.
Section § 23109.2
This law allows police to arrest someone and seize their vehicle if they are caught participating in illegal street racing, reckless driving, or speed exhibitions. The vehicle can be impounded for up to 30 days. However, the vehicle can be released early if it's stolen, if the driver wasn't allowed to use it, or under other special circumstances.
Owners can request a hearing to challenge the impoundment. If a car is owned by a rental agency, it can also be released sooner. If charges or citations are dropped, owners aren't responsible for fees. The law outlines who must pay towing and storage costs, often placing the burden on the registered owner unless they didn't authorize the driver's actions. Impounded vehicles can't be sold before a conviction.
Section § 23109.3
If a police officer arrests someone for breaking certain driving laws (specifically, those related to reckless driving or street racing) and takes their vehicle, the officer is not required to also take the person to jail on the spot.
Section § 23109.5
This statute outlines the process courts must follow when dealing with repeat offenders of a specific driving offense within a five-year period. If someone is charged with engaging in a speed contest (as per Section 23109(a)), and they have a prior conviction for the same offense within the last five years, the court cannot ignore this past conviction when deciding their sentence. The sentencing will include mandatory jail time, as stated in Section 23109(f), and may lead to revocation, suspension, or restriction of driving privileges.
The court must check the person's driving record and may also access additional records from the Department of Motor Vehicles or other sources to confirm if there are any previous convictions for the same offense in the past five years.
Section § 23110
This law makes it illegal to throw any substance at a vehicle or its occupants on a highway. If you do this, it's considered a misdemeanor.
If someone intentionally tries to cause serious harm by throwing objects like rocks, bricks, or bottles at a vehicle or its occupants, it's a felony, which can lead to imprisonment in state prison.
Section § 23111
Under the Paul Buzzo Act, it's illegal for anyone in a vehicle or walking to throw or drop any cigarette, cigar, match, or any burning or smoldering item on roads, highways, or nearby areas, whether public or private.
Section § 23112
This law makes it illegal to throw or leave any dangerous or offensive items like bottles, cans, garbage, glass, nails, or any harmful substances on highways. Drivers or vehicle owners cannot assist in these actions either. It also prohibits dumping rocks, garbage, or dirt on highways without permission from the relevant authorities.
Section § 23112.5
If someone spills or releases any hazardous material or waste on a highway, they must notify the California Highway Patrol or the local traffic authority as soon as they are aware of it and it's possible to do so. The California Highway Patrol then needs to inform the Office of Emergency Services, except for small petroleum spills from vehicle fuel tanks, which are less than 42 gallons. If someone is convicted of failing to report such a spill, they will face a mandatory fine of at least $2,000.
Section § 23112.7
If a motor vehicle is used to illegally dump waste on public or private property, it can be taken away (impounded), and in serious cases involving harmful waste, the vehicle can be seized and sold by the authorities. Illegal dumping refers to the intentional disposal of waste in areas not meant for trash. Waste can include garbage, soil, discarded items, liquid waste, biological waste, or materials used in making drugs.
The law considers the nature of the waste and whether it was dumped for a business reason when deciding on impoundment. Impoundment doesn't apply if others have community property interest in the vehicle, and it's the only vehicle available to a family. If harmful waste is dumped and there's a history of similar offenses, the vehicle might be sold with proceeds covering costs and fines. This does not apply if the vehicle was used without the employer's knowledge or wasn't tied to the business.
Section § 23113
This law states that if you dump or spill something harmful on a road, you must clean it up right away. If you don't, the government agency in charge of that road can clean it up and charge you for the costs. If a Highway Patrol officer tells you to clean up a spill from your vehicle, you must do it. Government workers cleaning up the mess won't be held responsible for any damage to the spilled items unless they are extremely careless or act on purpose.
Section § 23114
This California law states that vehicles must be built or loaded so nothing falls or spills out, except for clear water or feathers from live birds. Specifically for vehicles transporting aggregate materials (like rocks, sand, or gravel), they must carry these in a fully enclosed cargo area without any holes or openings that could let material escape. There are specific equipment requirements for transporting these materials, such as having seals on openings, splash flaps, and fully enclosed sides.
Additionally, aggregate materials must be covered unless certain conditions are met, like an uncovered load being below the container's edge. Petroleum coke and asphalt have special rules regarding how they need to be transported. Finally, locations where vehicles are loaded should provide space for ensuring loads are secure before hitting the public roads, although some exemptions apply for short distances between loading points and public roads.
Section § 23115
This law states that vehicles carrying garbage, trash, recyclables, or offensive materials on highways in California must cover their loads to prevent anything from falling out. However, rubbish vehicles can be uncovered while picking up trash unless law requires them to be covered. Wastepaper, cardboard, and cans can be legally transported when secured with items like bands or nets. The rule doesn't apply to vehicles carrying wet waste fruit or vegetable matter to or from food processing facilities.
Section § 23116
This law makes it illegal for anyone to drive a pickup or flatbed truck on a highway with people in the back, and also prohibits people from riding in the back of such trucks on highways. However, there are exceptions. You can have passengers in the back if they are secured with federally approved safety restraints. It's also allowed for farmers or ranchers on their lands, except when traveling less than a mile on a public road between parts of their property. Emergency situations under public agency authority and supervised parades, with trucks not exceeding eight miles per hour, are other exceptions.
Section § 23117
This law states that when transporting animals in the back of a vehicle on highways, the space should be enclosed, or have side and tail racks. Alternatively, animals should be prevented from falling or jumping out by cross tethering or placing them in a secured container or cage. This regulation does not apply to livestock transport, or to dogs owned by someone involved in ranching or farming when traveling in rural areas or going to livestock auctions.
Section § 23118
This law explains the process for seizing and impounding a vehicle if it's suspected of illegal activity related to specific business and licensing violations. A magistrate can issue a warrant for such action, and the vehicle is taken until proof of proper licensing or exemption is shown. If the vehicle was impounded improperly or involved in a theft, it must be returned to its lawful owner. Notices must be sent to the vehicle's registered owner promptly, and they can request a hearing to contest the impoundment.
Vehicle owners are responsible for fees unless issues in the hearing show the seizure was unjustified, in which case the agency pays. Legal owners, such as dealerships or banks, can reclaim their vehicles before the impound period ends, provided they pay the necessary fees and show ownership documents. They cannot return the vehicle to the original owner until the impound period ends. The law ensures all entities involved, like storage facilities and law enforcement, comply with these requirements, protecting them from liability if they do.
Section § 23120
You can't drive a car while wearing glasses if the arms, often called temples, are half an inch wide or more, and if they hang below the middle of the lens, as this can block your side vision.
Section § 23123
If you're driving a car in California, you can't use a phone unless it's hands-free, meaning you can listen and talk without holding it. If you get caught using a phone that's not hands-free, you'll have to pay a fine of $20 for the first time and $50 if caught again. However, if it's an emergency call to services like the police or a hospital, that's an exception and you won't be fined. Emergency workers can use their phones while on duty. Also, this rule doesn't apply if you're driving a school bus, a transit vehicle, or driving on private property. These rules started on July 1, 2011.
Section § 23123.5
In California, drivers are not allowed to use handheld phones or electronic devices while driving, unless these devices are designed for voice-activated, hands-free use and are used in that way. However, this doesn't apply to in-car systems built by the manufacturer.
Handheld devices can only be touched if mounted on the windshield, dashboard, or center console without obstructing the view, and only for single taps or swipes.
Breaking this law results in a $20 fine for a first offense and $50 for further offenses. Emergency service workers using devices in their duty are exempt. This law defines 'electronic wireless communications device' broadly.
Section § 23124
This law prohibits drivers under 18 from using any wireless phones or electronic devices while driving, regardless of whether they're hands-free. Breaking this rule is considered a minor offense, with a small fine for the first and additional fines for repeated offenses.
However, police cannot pull over drivers just to see if they're using a device. Exceptions are made for emergency calls, like contacting police or medical services. The law also outlines what counts as an electronic device, covering things like laptops and messaging devices.
Section § 23125
If you drive a school bus or transit vehicle in California, you can't use a wireless phone while driving. There are exceptions for using a phone for work or emergencies like calling the police, a doctor, or fire department. Also, breaking this rule isn't considered a serious traffic violation under another specific law.
Section § 23127
It's illegal to drive a vehicle on marked hiking, horseback riding, or bicycle trails unless you have permission. Signs will be posted at trail entrances, exits, and every mile to indicate that vehicles are not allowed. 'Unauthorized motor vehicle' means any vehicle on these trails without permission. Emergency or maintenance vehicles are allowed if necessary. Violating this law is a misdemeanor.
Section § 23128
This law makes it illegal to operate a snowmobile in certain ways. You can't ride one on a highway unless another law explicitly allows it. You must avoid riding recklessly, as doing so could put people or property at risk. Additionally, it's unlawful to use a snowmobile to chase or bother deer or other game animals. Lastly, using it to break certain specific laws, like those related to trespassing, is prohibited.
Section § 23129
This law states that you can't drive a vehicle with a camper that has passengers inside unless there's at least one clear exit that can be opened from both inside and outside.
Section § 23135
This law makes it illegal to drive on a highway any motorized bicycle that has been modified so it doesn't meet the legal definition of a motorized bicycle.