Glancing at a Map App While Holding a Phone Is “Operating” While Driving

By Robert Phillips, Deputy District Attorney (Ret).

People v. Porter (Jun. 3, 2025) __ Cal.App.5th __ [2025 Cal.App. LEXIS 355]   

Rule:  The term “operating” under section Veh. Code § 23123.5(a) prohibits all use of a handheld cellphone’s functions while driving, including looking at a mapping application on the phone.  The legislative history behind the enactment of section 23123.5, as well as the intended purpose of this section, dictate that the term “operate” be given a broad interpretation, thus including the mere looking at the mapping application on one’s cellphone while driving. 

Facts:  Defendant Nathaniel Gabriel Porter was observed by a police officer holding onto his cellphone with his left hand while driving his motor vehicle.  Defendant admitted that he was looking at a mapping application on his phone.  As a result, the officer cited hun for a violation of Veh. Code § 23123.5(a); the infraction offense of “holding and operating handheld wireless telephone or electronic wireless communications device while driving.”  Defendant contested the citation in the Santa Clara County Superior Court, arguing that he was not “operating” the device, but merely looking at it.  The traffic commissioner disagreed, and found him guilty, ordering him to pay a $158 fine.  Defendant appealed to the Appellate Department ....