The First Appellate District affirmed a judgment. The court held that a defendant who used his wireless telephone with his hands while he was momentarily stopped at a traffic signal was “driving” while he used the phone within the intended meaning of Vehicle Code §23123(a).
A traffic officer observed Carl Nelson using his wireless telephone with his hands as he paused his car at a red traffic light. The officer cited Nelson for infraction of Veh. Code §23123(a). Nelson contested the citation. At trial, Nelson testified that he had only been using the phone while he was stopped at the signal to check his e-mail.