Holding a cellphone for navigation while driving is illegal, California court rules

(KRON) — A California appellate court ruled Tuesday that a state law prohibiting the handheld use of cellphones while driving also applies to holding phones operating as navigation systems.

The Court of Appeal of the State of California sixth appellate district reached its decision against defendant Nathaniel Gabriel Porter, who received a $158 ticket in Santa Clara County for holding his cellphone in one hand and looking at a mapping application while driving.

Porter appealed the ticket and the fine was initially reversed on the grounds that he was not “operating” a wireless telephone as outlined by state law, but holding and looking at the mapping application on the phone without “active manipulation,” court documents state.

“The court concluded ‘there must be something equated to carrying out a function, actively using or manipulating the phone while holding and driving,” court documents read. “This may include talking, listening, emailing, browsing the internet, playing video games, or otherwise engaging with the smartphone. Merely observing GPS directions on the phone does not constitute the kind of active use or manipulation to trigger an infraction under the statute.”

That decision was reversed by the California Court of Appeal for the sixth appellate district Tuesday. In its finding, the court concluded that the term “operating” under the aforementioned law “prohibits all use of a handheld phone’s functions while driving, including looking at an application on the phone.”

“Allowing a driver to hold a phone and view a mapping application, even if not touching the phone’s screen, would be contrary to the Legislature’s intent in enacting [the law],” the court’s decision reads.

Porter’s $158 traffic ticket was reinstated following the decision.