Render unto me a break.What if it was a phone in a shape of a cup and I was using it to drink out of it? Will this statute still apply?
It wasn't in the shape of a cup and you weren't drinking out of it. You were using a wireless device, and you weren't using it in a hands free fashion. That Guy broke it down really well for you.
"What if it looked like a cup?" is not going to wash with the judge.