CALIFORNIA—
A California appellate court reached a ruling on June 3 that driving while holding a phone for navigation goes against state law.
The decision overturns a lower court’s ruling that watching GPS directions on a phone isn’t the same as “operating” a phone under the law.
However, the Court of Appeal of the State of California Sixth Appellate District ruled that it is prohibited and banned its use while driving in California.
The defendant argued that holding a phone is not actively operating it
According to the court documents, defendant Nathaniel Gabriel Porter was convicted of a traffic infraction for holding a phone and viewing a mapping app while driving in 2023.
Porter appealed his traffic conviction, ,arguing that he was holding and observing his phone while driving, and the plain meaning of the word “operating” requires active manipulation in “more than one swipe or tap.”
The Santa Clara County Superior Court’s appellate division agreed with Porter and reversed the conviction.
The court reasoned that if lawmakers meant to ban holding and using a phone for everything while driving, they would have said so without using the word “operating.”
Court concluded that “operating” bans all handheld phone use
After the appellate division made its decision official for other cases to follow, the Court of Appeal chose to look at the case again.
The court concluded that “operating” under Section 23123.5 of the California Vehicle Code bans all handheld phone use while driving, including viewing apps.
Porter’s traffic conviction and $158 fine were reinstated.
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