People v. Spriggs, 168 Cal. Rptr. 3d 347

While stuck in traffic, Steven Spriggs pulled out his cell phone and looked at a map app while holding the phone; a CHP officer cited him under Veh. Code § 23123(a).
At trial before a traffic commissioner Spriggs was convicted and fined $165 for using a wireless telephone while driving.
Spriggs appealed; the appellate division affirmed, reading § 23123(a) to ban all handheld uses of a wireless telephone while driving.
This court granted review and asked the parties whether holding a phone and checking a map violates § 23123.
The People argued § 23123(a)’s prohibition on “using a wireless telephone” covers all uses unless the phone is used hands‑free; Spriggs argued the statute targets listening and talking only.
The Court examined the statute’s plain language, legislative history, and subsequent statutes (§§ 23123.5, 23124) and reversed Spriggs’s conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does holding a phone and checking a map while driving violate Veh. Code § 23123(a)?	§ 23123(a) prohibits any "using" of a wireless telephone while driving unless used hands‑free; thus map‑checking violates.	§ 23123(a) prohibits holding a phone only while conversing ("hands‑free listening and talking"); non‑conversational uses (e.g., map) are not covered.	The statute is limited to prohibiting holding a phone while listening/talking (conversing) unless hands‑free; looking at a map while holding the phone does not violate § 23123(a).

Bruns v. E-Commerce Exchange, Inc., 51 Cal.4th 717 (interpretation of statute reviewed de novo)
Wells v. One2One Learning Foundation, 39 Cal.4th 1164 (statutory interpretation principles; plain meaning governs)
In re J.B., 178 Cal.App.4th 751 (avoid absurd results; read statutory provisions in context)
People v. Nelson, 200 Cal.App.4th 1083 (discusses § 23123 application while stopped at a light)
Elsner v. Uveges, 34 Cal.4th 915 (enrolled bill reports and executive statements may inform legislative intent)