Home > Uncategorized > California court holds that using a cell phone to check emails while stopped at a red light is driving while using the phone

California court holds that using a cell phone to check emails while stopped at a red light is driving while using the phone

November 15, 2011

See People v. Nelson (California Court of Appeal, First Appellate District Case No. A131301, November 14, 2011) in which the Court held that a driver who was using his hand-held cell phone to check his emails while he was stopped at a red light nevertheless was driving while using the cell phone in violation of California Vehicle Code §23123(a). It did not matter that the car was stopped at the red light and not moving at the time of the cell phone use as the short or temporary stop at the light was still part of the “driving.”

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