
This ruling could set a state-wide precedent.
Many drivers use GPS and map apps on their phones to give them directions, whether that phone is hand-held or mounted. Newer cars have map screens embedded in the console or dahsboard.
The California law passed in 2016 made stronger the prohibition against driving while using a mobile phone. It read "the Legislature intended to prohibit all handheld functions of wireless telephones while driving" and "to encourage drivers to keep their eyes on the road."
Prior to 2016, the law prevented drivers from "using" a cell phone while driving. The law, established in 2014, had "only prohibited a driver from listening or talking on the cell while holding it, citing language in the law that said the phone must be used in a way that allows 'hands-free listening and talking,'" per the San Francisco Chronicle.
That was changed to prohibit drivers from "operating" a phone and said that drivers could not "use" the phone unless it had "hands-free listening and talking" enabled.
The case came to the 6th District Court of Appeals after a lower court had reversed the conviction of driver Nathaniel Maranwe "for a traffic infraction and $158 fine in San Jose," the San Francisco Chronicle reports. That court had determined that the law preventing drivers from using cell phones only prevented from "actively using or manipulating" cell phones for activities like talking, browsing the net, or playing games while also trying to drive the car.
After hearing the case, the Appeals court reversed the Superior Court ruling and reinstated both the conviction and the fine against the driver. In her the ruling handed down by the Appeals panel of three judges, Presiding Justice Mary Greenwood said that the 2016 law was passed over "safety concerns caused by drivers distracted by modern phones, which are treated as handheld computers."
"Its intent is to prohibit drivers from holding and using a phone’s functions in any manner while driving," Greenwood said. She went on to say that "The Legislature enacted the current version to reduce distracted driving resulting from advancement in modern phones."
Maranwe, who represented himself in the case, said that there was no way drivers could know that looking at a map would be a violation of law. "It's bad for law in general if there are rules on the books that everybody violates," he said. "They should either be enforced consistently or just repealed." He may appeal the ruling.
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