23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
You're free to argue that your phone was designed and configured to allow hands free listening and talking... and that it could be "functional" in that manner, however, your argument may fall apart when you try to show that you were using it in "that" manner. "That" being "hands free"!

