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San Mateo DUI, Criminal Defense Lawyer
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USING MAP FUNCTION AND DRIVING NOW LEGAL

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USING MAP FUNCTION ON PHONE WHILE DRIVE NOW LEGAL


A driver does not violate the Vehicle Code where he or she was not ‘talking or listening’, but was instead looking at a map displayed by a phone. Last month, an appellate court in Fresno overturned a traffic ticket for prohibited use of a wireless device, Vehicle Code, 23123(a), when the driver was merely using the map function on his phone. The appellate court reasoned that Section 23123, subdivision (a) prohibits a driver from using a wireless telephone unless it is configured for hands-free ‘listening and talking’ and is used in that manner while driving. Based on the wording of the statute, it does not require that the phone be used in a manner that allows for ‘hands-free looking,’ or ‘hands-free operation.


Please note that it is still illegal to text while driving, Vehicle Code Section 23123.5, and a person can always be cited for driving while distracted. Additionally, the matter is not final as the California Supreme Court has yet to weigh in on the interpretation of the hands-free statute.


Contact The Law Offices of Ross Green for a free consultation on traffic, DMV and vehicle issues.

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