State Appeals Court Rules Driving While Holding a Cell Phone For Navigation Purposes is Illegal

The Sixth Appellate District of the California Court of Appeals ruled earlier this week that the current state law of prohibiting holding a cell phone or other handheld device while driving is also to include holding them for GPS, map, and navigation purposes.

According to People  v. Porter, this latest state law addition stems from a simple $158 ticket. In 2023 in Santa Clara County, Nathaniel Gabriel Porter was pulled over for “viewing a mapping application on his wireless telephone while holding the phone and driving” and was cited for breaking the state law prohibiting drivers from holding and operating such a device while driving. Now with a $158 ticket, Porter escalated the matter and appealed the ruling to the  appellate division of the Santa Clara County Superior Court. There, the appellate division reversed the earlier ruling, concluding that breaking the holding and operating law required “active use or manipulation of the device.”

“The court concluded ‘there must be something equated to carrying out a function, actively using or manipulating the phone while holding and driving,” said court documents. “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.”

The state then appealed the county ruling, escalating it again to the Court of Appeal of the State of California, Sixth Appellate District. And earlier this week, it was reversed again, holding up the original ruling that using a GPS or map navigation on the device while holding it violated the state holding and operating law.

Reversing the Santa Clara County ruling

“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,” read the State Appeals Court ruling. “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.”

Legal experts note this week that the law simply boiled down to that if you look down to your cell phone while driving and holding the phone at the same time, it’s distracted driving and thus a danger to the public.

“Nathaniel Porter was doing just — looking at the map on the cell phone — and got a ticket for $158,” said University of San Diego legal Professor Shaun Martin of the case on Thursday. He filed an appeal with the Appellate Division, which reversed, holding that it doesn’t count as “operating” the cell phone if you’re just looking at it. The Court of Appeal then took up the case. And now reverses.

“The Court of Appeal holds that under the plain meaning of the term, you’re “operating” a cell phone when it’s powered on and you’re looking at it. The statute isn’t just limited to typing or clicking on the thing. The Court of Appeal backs up that holding with policy concerns, arguing — factually correctly, I believe — that if you’re looking down at your cell phone while driving, that’s distracted driving, and it’s dangerous, even if you’re not constantly swiping or texting on the thing. That’s the argument for the Court of Appeal’s holding. Which is eminently understandable.

“Anyway, here’s the rule: No looking at a map on your cell phone while you’re holding it in your hand. (Though it seems fine to look at that same map on your cell phone while the phone rests on the console or in the passenger seat. Go figure.)”

With the original ruling now back in effect, Porter will now have to pay the $158 fine once again. As of Friday afternoon, he has yet to appeal the case to a higher court.