California’s distracted driving law prohibits the operation of a motor vehicle while using a wireless telephone, unless the phone is designed to be used hands-free. Police cited the defendant for driving while looking at a map on a cell phone that he was holding in his hand.
The defendant argued that his conduct wasn’t unlawful because he only used his cell phone for its mapping function, and the state’s distracted driving law was intended to prohibit listening or talking on a cell phone.
The court disagreed, concluding that the law was designed to prohibit the “hands-on” use of the phone while driving, without limitation.
“This statute … is specifically designed to prevent a driver from using a wireless telephone while driving unless the device is being used in a hands-free manner,” the court said.
The issuance of a traffic ticket is not the only possible downside to using a cell phone while driving, however. If the driver were to be involved in a motor vehicle collision, this fact could potentially be used as evidence in a personal injury case, even in states that permit talking on a cell phone while driving.