Headset or Earphones While Driving

California Vehicle Code (CVC) § 27400

Officer issuing Headset or Earphones While Driving in California

A Headset or Earphones While Driving ticket will cost you $197 in fines plus $1,000+ in insurance hikes and penalties.

Fight My Ticket Now!

Eligibility Calculator


Ticket Snipers can help challenge this alleged violation for only $179 and when dismissed will eliminate any future insurance hikes, DMV points and traffic school. See your savings for FREE!

California Vehicle Code 27400

In times where distracted driving is at an all time high keeping direct focus on the road eliminates any distraction that could occur during the course of driving. Taking your eyes off the road or your hands off the wheel increase your risk of a distracted driving citation. The more that a driver engages in activities within a car, the more probable they are to get into a citation.

Distracted driving whether you are texting, eating food, putting on make-up, or playing music at a high level affects your cognitive way of processing. Your visual observation is limited if you are distracted by other things going on the car. Taking your hands off the wheel restricts your control of the vehicle in the event of a sudden stop or need for a quick response. All mental and physical receptors need to focus on the road at all times.

Beats by Dre are very popular headsets for people that stay on the go or enjoy music of all kinds. Headsets or earphones provide a personal way to enjoy music preferences or allow others in a public setting the privacy without the nuisance of what is coming from your headset or earplugs. Headsets or earplugs are beneficial in the fact that while driving they allow all hands to be on deck, however, headsets can distract drivers and increase risks.

Drivers that have a hard time hearing or require the assistance of hearing aides are encouraged to use earplugs or headphones so long as it does not limit the sound of emergency sirens, horns, or warnings. A driver must use good judgment before getting behind the wheel with the intentions of using earplugs or headphones. It is a driver’s responsibility to understand the importance of earplug and headphone use in California.

What does the California Code say about headsets or earphones while driving?

A person driving a car or riding a bicycle under CVC Section 27400 is restricted from using headphones or earplugs that are noticeably in, on or resting near both ears.

  • (a) This restriction does not apply to emergency vehicles in the act or route of an emergency pursuant to Section 165.
  • (b) A driver who uses construction equipment during the upkeep of a highway or during the course of their daily tasks.
  • (c) Refuse workers that collect garbage, waste, trash, and litter during the operations of the route.
  • (d) A person in need of earplugs or molds that keep loud pitched or harmful noises balanced due to medical reasons. Any molds or plugs made for the drivers’ ears must not prevent the driver from being able to hear emergency personnel warnings or horn.
  • (e) When a driver is hard of hearing and requires the assistance of prosthetic hearing devices to hear and clearly.

Have you received a California Traffic Ticket for a headset or earphone while driving?

If you received a traffic ticket under CVC 27400, contact our office to discuss how we can help you avoid court, fines, and increased insurance rates. Experience is today’s best teacher. We have more experience than law firms claiming to be traffic ticket lawyers because we channel our entire focus to challenging California traffic tickets. Our experienced legal team is fully focused on your needs and is dedicated to one thing – getting your California traffic ticket dismissed.

What is the punishment for a California Traffic Ticket for having a headset or earphone while driving?

The fine for a California traffic ticket for having “headset or earphones while driving” will cost you about $197 dollars. Pleading guilty and paying, the fine would make things easier for you. However your automobile insurance could increase for up to three years, depending on your automobile insurance company, with one point assessed against your driver’s license. Therefore a California traffic ticket under this section can be very costly in the long term.

You are not required to plead guilty and take the point on your record. You can challenge your California traffic ticket with Ticket Snipers. You may have a valid defense to your ticket that will result in the ticket being dismissed. Contact our office now to discuss how we can help you avoid fines and other negative consequences of a California traffic ticket. Our agents are friendly and available to help you.