“It is not illegal to use cell phones while driving. So, it is up to the prosecution to prove that the driver was distracted.”
Correct. I recently had a court date a month ago at the LA courthouse and I learned about this from my atty. Dismissed. Never mind about the specifics of my violation...
California has several laws banning the use of cell phones (wireless telephones). The first two laws prohibit all drivers from using handheld wireless phones or cell phones and prohibit drivers under 18 from using hands-free cell phones. A third law bans texting while driving.
http://www.nolo.com/legal-encyclopedia/cell-phones-driving-california-law-29709.html