The California Court of Appeal for the sixth appellate district ruled earlier this month that the state’s hands-free law not only bans texting or talking while driving, but also prohibits simply holding a phone to view a map. According to the ruling, drivers don’t need to tap or swipe to violate the law. Merely holding the phone in hand to look at a navigation app is enough to warrant a traffic stop and citation.
In its decision, the appeals court noted that California lawmakers designed the hands-free law to address the growing distractions caused by modern smartphones. The law aims to keep drivers’ attention on the road, not their screens. The court clarified that the law allows for limited, hands-free use, such as when a phone is mounted and operated with a quick tap or swipe. However, holding the phone to simply look at a map still counts as a violation under the current statute.
According to the most recent court ruling on June 3, 2025, “Allowing a driver to hold a phone and view a mapping application, even if not touching the phone’s screen, would be contrary to the Legislature’s intent.”
What was the original cellphone law?
This new decision closes a loophole that some drivers believed allowed them to hold their phones as long as they weren’t texting or making calls. California Vehicle Code Section 23123.5 prohibits “holding and operating a handheld wireless telephone or electronic wireless communications device” while driving unless it allows ” voice-operated and hands-free operation” and is “mounted on a vehicle’s windshield.”
Why did the California Court of Appeal rule on this now?
The latest court decision came after California driver, Nathaniel Gabriel Porter, was ticketed after looking at a mapping application while holding his phone in his left hand and driving. According to court records, Porter challenged the citation but lost in traffic court and was fined $158. He later appealed to the appellate division of the Santa Clara County Superior Court, which initially sided with him. That court ruled that “operating” a phone required actively using or manipulating it, not just holding it.
At the time the court ruled, “Merely observing GPS directions on the phone does not constitute the kind of active use or manipulation to trigger an infraction.” However, the California Court of Appeal for the Sixth Appellate District reversed the decision on June 3rd, concluding that the law prohibits holding and viewing a phone while operating a vehicle.
What is now illegal for California drivers?
The new “no-touch” ruling makes it clear, holding a phone for any purpose, even for navigation, violates California’s hands-free law. Here’s what is illegal for California drivers:
- Holding your phone for any purpose while driving, whether for navigation, music, or checking notifications.
- Touching, swiping, or otherwise manipulating your phone when it’s not properly mounted.
- Looking at your phone’s screen while holding it, even if you’re not actively interacting with it.
How can California drivers stay safe?
With distracted driving on the rise, here’s how you can help make the roads safer for everyone:
- Mount your phone securely before you start driving if you’ll be using it for directions.
- Rely on voice commands to keep your phone use hands-free.
- Turn on “Do Not Disturb While Driving” to block calls and notifications while you’re behind the wheel.
- Set your route and music playlist ahead of time, so you’re not distracted on the road.
- Need to use your phone? Pull over to a safe location first.