People v. Nelson

*1087Opinion

LAMBDEN, J.

Defendant Carl Nelson appeals from a traffic court judgment of guilt for violating Vehicle Code section 23123,1 which states that persons shall not drive on public roadways using a wireless telephone unless the phone is configured for hands free listening and talking, and used in that manner while driving. (§ 23123, subds. (a), (e).) Defendant was observed using his phone in his car as he paused at a red traffic light while driving in Richmond, California. He argues he was not “driving” because his car was stopped during his phone use, relying on our Supreme Court’s…