Appeals Court: Cell phones not OK at red light

SAN FRANCISCO (AP) - A state appeals court has ruled that a driver who stops at a red light is still "driving" and prohibited from using a hand-held cell phone.

The First District Court of Appeal in San Francisco on Monday upheld an earlier ruling and fined a Richmond motorist $103.

The San Francisco Chronicle ( ) reports that Carl Nelson was ticketed by a police officer who saw him dialing a phone and holding it to his ear at a stoplight in December 2009.

Nelson appealed his citation, arguing that a 2007 state law forbidding hand held wireless devices while driving applies only when a vehicle is in motion.

Nelson's lawyer says the appellate panel is disregarding the state Supreme Court's definition of driving and will appeal to the state's high court.

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