According to a court ruling on Monday, drivers in California who use their non hands free cellphones while stopped at a red light or in a traffic jam will be ticketed if caught. This ruling comes after Richmond driver, Carl Nelson, received a ticket from an officer who saw him using his phone at a stop light in December of 2009. He argued he was not driving because the car was stopped while he made the call. Nelson referred to a 1991 Supreme Court ruling that said the term “drive” requires proof of “volitional movements”. In this case, a man suspected of drunk driving, was found asleep behind his running vehicle while parked on a residential street. Court threw out the case saying that there was no “volitional movement.”

In a 3-0 ruling, judges said that even though Nelson was paused at the time, he was driving on the road in the midst of other moving traffic, and distractions in this situation could create hazards to other drivers on the road. Nelson’s attorney said he plans to appeal to the state’s high court.