Legal Question in Traffic Law in California

Vehicle code section 23123 allows the use of only those telephones that are configured to be used hands free and are being used hands free, while driving a motor vehicle. There are no appellate cases reporting on this section. However, driving under the influence cases are similar. In those cases the courts have ruled that the act of driving does not require the vehicle to be in motion. That is a person sitting in a vehicle that is stopped alongside the roadway, with the person sitting behind the wheel, was proof of driving. Your statements is that you had stopped at a traffic signal and was listening to a voice mail. The court is likely to find that you were driving. Nolo Press publishes a book How to Fight Your Traffic Ticket. This book is well written and easy to read and understand. A new edition may have information on cell phone usage violations. Check it out. You can purchase the book at a book store or on line.