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A driver does not violate the Vehicle Code when he/she was not ‘talking or listening’, but was instead looking at a map function displayed by a phone. Last month, a Fresno appellate court overturned a traffic ticket for prohibited use of a wireless device, Vehicle Code, 23123(a). The driver was merely using the map function on his phone. The appellate court reasoned that Section 23123, subdivision (a) prohibits a driver from using a wireless telephone unless it is configured for hands-free ‘listening and talking’ and is used in that manner while driving. Based on the wording of the statute, it does not require that the phone be used in a manner that allows for ‘hands-free’ looking or operation.
Please note that it is still illegal to text while driving, Vehicle Code Section 23123.5. A person can always be cited for driving while distracted. Additionally, the matter is not final. The California Supreme Court has yet to weigh in on the interpretation of the hands-free statute.
Contact The Law Offices of Ross Green for a free consultation on traffic, DMV and vehicle issues.
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