POINT OF VIEW ONLINE
1
People v. Spriggs
(2014) __ Cal.App.4th __ [2014 WL 783865]
Issue
Does a motorist violate Vehicle Code § 23123(a) by holding a cell phone and viewing
a map application on its display?
Facts
A CHP officer in Fresno County noticed that a driver—later identified as Steven
Spriggs—was holding a cell phone and apparently looking at the display screen. So he
pulled Spriggs over and cited him for violating Vehicle Code § 23123(a). This statute
prohibits drivers from “using a wireless telephone unless the telephone is specifically
designed and configured to allow hands-free listening and talking, and is used in that
manner while driving.” It turned out that Spriggs was not talking on the phone, but was
looking at a map application on the display. He contested the ticket in traffic court but
lost. He then appealed to the Court of Appeal.
Discussion
P
rosecutors argued that, because the statute prohibits drivers from “using” a cell
phone while driving, it necessarily prohibits drivers from using the phone for any
purpose, and that includes viewing a map application. Although the word “using” is
ambiguous, the court examined the legislative history of the statute and concluded that it
was not intended to prohibit any “use” of a cell phone while driving. Instead, said the
court:
[I]t is apparent that the Legislature both understood and intended the statute to
be limited to only prohibit a driver from holding a wireless telephone while
conversing on it. It did not intend to extend the prohibition to other uses of a
wireless telephone and most certainly did not intend to prohibit the use at issue
here, namely looking at a map application while holding the telephone and
driving.
Consequently, the court ordered that Spriggs’ citation be dismissed. (It should also be
noted that a driver does violate this statute by talking on and holding a cellphone while
temporarily stopped in traffic.
1
) POV
Date posted: March 4, 2014
1
People v. Nelson (2011) 132 Cal.App.4th 856.
