California employers are encouraged to review their cellular phone and driving policies in light of a recent Court of Appeal decision barring drivers from using any functions on a handheld cellular phone while driving.
On June 3, 2025, the California Court of Appeal issued a ruling in People v. Porter (2025) that reinstated the traffic conviction of a driver who had viewed a mapping application on his cellular phone while holding the phone and driving. The defendant, Nathaniel Gabriel Porter, who was convicted of violating Vehicle Code section 23123.5(a) — which prohibits drivers from “holding and operating” a handheld cellular phone unless it is used in a manner that allows voice-operated and hands-free operation — appealed his traffic conviction to the appellate division of the Santa Clara County Superior Court. Porter argued that the statute prohibited only listening and talking on a handheld phone. The appellate division agreed and reversed the conviction, concluding that “operating” a cellular phone under the statute requires active use or manipulation of the device, such as talking, listening, emailing, or otherwise engaging with the phone, rather than simply observing GPS directions. The Court of Appeal then reviewed the case, ultimately reinstating Porter’s conviction.
The court’s ruling concluded that the statute prohibits all use of a cellular phone’s functions while driving and holding the phone, including passively looking at an application on the phone. The...
The offshore world has always attracted strong opinions. It’s complex, global, and full of moving parts that most people don’t fully understand. Mix that with online anonymity and you suddenly hav...