
Quoting
PTPD22
Notice that the statute says “using a wireless telephone,” not “talking or texting on a wireless telephone.” Using a mapping ap is using the phone. However, I have heard that some California courts have taken the “allow hands-free listening and talking” wording as meaning that it should only apply to verbal communication on the phone, not aps. Maybe someone else more familiar with California court decisions can cite a court precedent to support that? But, my interpretation of the wording would be that ALL cell phone use is prohibited while driving, EXCEPT hands free verbal communication...just my opinion.
There is such a court decision from the California Court of Appeals. People v. Spriggs directly contradicts all of your assertions. 23123 VC was held to refer only to talking and listening, not to use for other ancillary features such as moving maps , etc... The last line of the decision pretty much spells it out:
In sum, based on the legislative history of section 23123 and the statute's language, as well as the Legislature's subsequent enactments of sections 23123.5 and 23124, we conclude that section 23123(a) does not prohibit all hand-held uses of a wireless telephone. Instead, it prohibits “listening and talking” on the wireless telephone unless the telephone is used in a hands-free mode. Accordingly, Spriggs did not violate the statute when he held his cellular telephone in his hand and looked at a map application while driving and his conviction must be reversed.