Two years ago, Steven Spriggs was stuck in traffic and decided to look at a map on his smartphone to figure out a way out of the congestion. Sure enough, a CHP officer nailed him for "holding his telephone" and gave him a $165 citation for violating California Vehicle Code section 23123 (a), which prohibits drivers from “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.”
Spriggs took it to court as he was not actually listening or talking on the phone, but merely looking at the map. He lost. Spriggs appealed and lost again, but the case was taken to the 5th District court of Appeal in central California for certification. Earlier this week, the 5th District court agreed with Spriggs, stating that the statute means what it says – it prohibits a driver only from holding a wireless telephone while conversing on it.
In other words, it is not illegal to hold your cell phone in the car in California unless you are actually talking or texting on the phone. At least to look at a map. For now. At least.
The prior appellate division concluded that the statute was not “designed to prohibit hands-on use of a wireless telephone for conversation only,” but instead was “specifically designed to prevent a driver from using a wireless telephone while driving unless the device is being used in a hands-free manner,” and “outlawed all ‘hands-on’ use of a wireless telephone while driving.” The 5th District basically said this was hogwash.
The 5th District court statute indicated "had the Legislature intended to prohibit drivers from holding the telephone and using it for all purposes, it would not have limited the telephone’s required design and configuration to “hands-free listening and talking,” but would have used broader language, such as 'hands-free operation' or 'hands-free use.' To interpret section 23123(a) as applying to any use of a wireless telephone renders the “listening and talking” element nonsensical, as not all uses of a wireless telephone involve listening and talking, including looking at a map application."