California Court Rules This Common Driving Practice Is Illegal

SAN JOSE, CA — A new California court ruling makes it clear: if you're holding your phone and looking at directions while driving, you're breaking the law.

In a decision that came down Tuesday, the California Court of Appeal reinstated a traffic conviction against Nathaniel Gabriel Porter, who was cited for holding his phone and looking at a GPS app while driving in Santa Clara County.

Porter will now have to pay the $158 traffic fine he originally fought, and you could too if you're caught doing the same.

The case centered around how to interpret a state law, Vehicle Code section 23123.5, which says drivers may not be "holding and operating" a phone while driving, unless it's in hands-free mode.

Porter argued he wasn’t violating the law because he wasn’t tapping or typing on the screen, he was just looking at directions.

But the court disagreed, ruling that even "observing a mapping application on a handheld wireless telephone" counts as "operating" the device and is illegal.

Why It Matters

The judges said the law’s purpose is to keep drivers focused on the road, not their screens:

"The Legislature wanted drivers to keep their eyes on the road," the court wrote. Allowing people to hold their phones and look at apps, even without touching them, would "be contrary to the Legislature’s intent."

The court emphasized that today’s phones aren’t just for calls and texts. They’re powerful devices full of potential distractions, "pocket-sized computers" capable of video streaming, photography, mapping, and more.

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What The Law Says

Under section 23123.5, it's illegal to "drive a motor vehicle while holding and operating a handheld wireless telephone." The only exception is if the phone is "specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner."

The judges said this means no holding the phone to:

• Look at GPS
• Read texts or articles
• Watch videos
• Scroll music playlists
• Take photos or selfies

If your phone is mounted on your dashboard or windshield, the law allows you to use a single swipe or tap to interact with it, nothing more.

"The Legislature passed section 23123.5 to reduce the risks of distracted driving by prohibiting a driver from holding and using a phone’s functions in any manner while driving,” the court wrote

"Allowing a driver to hold a phone and observe the screen while driving is contrary to the statute’s purpose."

What’s Still Allowed?

The court clarified that merely holding a turned-off phone, or a phone with the screen locked and no apps or notifications visible, is not a violation of the law.

"Under those circumstances, the device is no different than an object, such as a cup of coffee or can of soda," the judges said.

Bottom Line For California Drivers

If you need to check your phone while driving, mount it properly and keep it hands-free. You’re only allowed to swipe or tap once. Otherwise, wait until you’re stopped:

"We conclude ‘operating’ under section 23123.5(a) prohibits all uses of a handheld wireless telephone’s functions while driving," the court states.