Appellant properly convicted of violating VC 23123.5(a) for driving while viewing a mapping application on a handheld phone. The statutory prohibition on “holding and operating” a phone while driving encompasses all use of a handheld phone’s functions, and appellant’s conduct qualifies. Further, appellant’s constitutional vagueness challenge to the term “operating” fails despite the term being susceptible to multiple interpretations, as legislative history and statutory purpose enable “a reasonable construction.”
The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/H052404.PDF
