VC 27400TBWD eligibleEquipment
Headphones / earplugs while driving
Wearing a headset covering, or earplugs in, both ears while operating a motor vehicle or bicycle. Hearing aids and specifically authorized safety equipment are exempt.
Vehicle Code 27400 — statutory text
Official source ↗A person operating a motor vehicle or bicycle may not wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears. This prohibition does not apply to any of the following: (a) A person operating authorized emergency vehicles. (b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway. (c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset. (d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. (e) A person using a prosthetic device that aids the hard of hearing.
Quoted from the California Legislative Information website. The full section may contain additional subdivisions not reproduced here — click “Official source” for the complete text as currently in force.
Base fine
$178.00
Does not include court fees or assessments.
DMV points
0
No DMV points.
Filing window
30 days
From citation date, use form TR-205-2024.
You can file a Trial by Written Declaration
Under CA Vehicle Code § 40902, infractions may be contested in writing. If the officer fails to respond within their required window, your ticket is dismissed. California requires a bail deposit equal to the fine; it is refunded if dismissed.
Also known as
headphones drivingearbuds while drivingboth ears covered driving
Defenses our AI considers (12)
- Equipment fixed — correctable violationhistorical success ~80%Equipment violations (window tint, exhaust, lights, plates, wipers, etc.) are correctable in every supported state. Proof of repair signed by a qualified inspector resolves the citation administratively.
- Documentary cure — proof on date of citationhistorical success ~75%Many "failure to produce" charges (insurance, registration, license) are dismissed on proof the document existed and was valid on the date of citation. This is codified in most state fix-it / correctable-violation statutes.
- Sign obscured, missing, or recently changedhistorical success ~50%A driver cannot be held to a regulation that was not reasonably communicated. An obscured, damaged, missing, or recently-changed sign at the cited location is both a mistake-of-fact defense and a due-process notice defect.
- Statute of limitations / speedy-trial violationhistorical success ~45%Every state imposes statutory deadlines between citation, arraignment, and trial. When the state misses a jurisdictional deadline — including officer-declaration deadlines in TBWD proceedings — dismissal is mandatory, not discretionary.
Our AI drafts 3 options per case, tailored to your ticket's facts. You choose or regenerate.