Robert Phillips
- Ref # CAC10063
- June 13, 2025
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 ....
