I think everyone is kind of missing the OP's point of this thread.....
Is texting while driving wrong? Absolutely. Should not be done, period. Likely more unsafe than drunk driving in my opinion.
The point was made about using your phone to check Navigation for an alternate route. As the laws state that talking and texting must be hands free, the superior court was correct to overturn the conviction based on the way the law was written. The problem today is that smartphones have multiple functions. Using it to determine an alternate route is no different than using an in-car navigation system, which is not illegal. In the case mentioned above, the officer admitted that the phone was not being used for texting or talking. Had the officer decided to not volunteer that information, then it would have been his word against the defendant's and the defendant is almost certain to lose. Therefore, while it may not technically be illegal to use your smartphone for anything other than talk and text, defending it in court would likely be difficult in most situations. I guess you could get try and get the phone company to submit an affidavit to the usage history on the phone to prove that no calls or texts were made at that time. However, even that doesn't guarantee success since you could have been writing a text and just not sent it. Point here is, probably not a good idea to put your hands on your phone for any reason while driving. Right or wrong, unless you get lucky and get an officer willing to admit he knew you weren't using to talk or text, you're going to lose. Most however would likely state, they don't know why you were using it.
Now, back to the original purpose of this post. And again, I'm not defending the actions of texting and driving. I am 1,000 percent against it. I'm also not defending the actions I'm about to describe as I'm 10,000 percent against them too. But that's not the purpose of this post. The question I believe that was really being asked was, is there a loophole in the law that would allow you to text while using auto-pilot? While I am 100% certain the laws will be revised to close any loopholes in the near future, especially after someone wins a case in court over the issue, that doesn't mean there aren't loopholes today to prevent a conviction.
The point to this post is the law and only the law. How is the law written? This is simply based on my own opinion on how the laws are written (and they could vary from state to state, just referring to the laws in my own state).
The first question that has to be asked, what does the law state to constitute actual "driving"? Being that Auto-pilot is a new feature, I don't believe the laws are current enough to account for this very new technology. If your hands are not touching the steering wheel and feet are not touching the pedals, are you "driving". Keep in mind this question is very different than "are you responsible". Yes, you are responsible for your vehicle as the "operator" of the vehicle. But that doesn't mean you're responsible as the "driver". Two different things. And this is where this scenario could apply to both texting/talking and/or if you were involved in an accident. You'd be responsible for the accident, but likely be able to fight having a point go on your driving record, if you can prove that auto-pilot was engaged.
Again, the question remains, what constitutes "driving"?
Here's where the controversy to my argument comes into play and again, I am 10,000 percent against this. But, again, we are seeking legal loopholes here. How many criminals get off on legal loopholes? Happens every day! The law is written in black and white. If someone breaking the law does so in a manner that falls outside of the black and white definition of the law, then they're technically not breaking the law. My point is, the laws are now out of date based on the new technology. Anyway, back on point, what constitutes "driving"? We've likely all seen the complete idiotic morons on Youtube that have chosen to set Auto Pilot and then hop into the back seat of the car. Again, 10,000 percent against this, but are you "driving" the car from the back seat? You are still the operator of the vehicle and hence still responsible for the vehicle, but are you breaking any written driving laws by doing so? Not that I've found. Not yet anyway. Again, these laws will be re-written in short order. But again, are you "driving" the vehicle? And is there a state that has a law against jumping into the back seat of a vehicle while it is in motion? As an operator of the vehicle, there are laws in most states that would encompass this scenario, however that still doesn't mean you were "driving".
Based on the laws as they are written today, my answer would be "NO", you are not driving the vehicle from the backseat of the car. You're being a moronic "operator" of the vehicle, but you're not driving the vehicle. As such, any laws that pertain to the "driver" of the vehicle, do not apply while the Auto-Pilot system is engaged. Now you'd have to find a way to prove this as well. Not sure Tesla would be willing to assist you with this information?? Likely not. But that's not the point.
Point is, while using Auto-Pilot, assuming you can prove it, you are not driving the car from the backseat of the car. And therefore, if you're not driving the car from the backseat of the car, then you're not driving the car from any seat in the car. Hence, you are not technically breaking the law of "texting/talking while DRIVING". So, unless you get a judge that simply refuses to follow the law (wouldn't be the first time in traffic court), you'd be able to win fighting this ticket. If not in traffic court, then eventually through appeals.
Now, the officer, if thinking ahead, could cite you for something else, as the operator of the vehicle to prevent this. But, if he/she writes you up for texting/talking while driving, you should be able to beat it in court.
Again, I'm 1,000 percent against texting and driving and 10,000 percent against getting out of the driver seat while auto-pilot is engaged. This post is solely about the laws, the way they are written and finding the loopholes in the laws. Until the loopholes are closed to the point where Schwarzenegger can no longer drive his "Humma tru yoor loopholes", many criminal acts will continue to get dismissed in our justice system.
Again, this is just my "opinion" based on the laws as I know them in my own state. Certainly not recommended to tempt fate. Laws vary from state to state and possibly some states are smarter than others and have already planned for this scenario.
So, while I disagree with the OP using the legal system for playing a game and intentionally trying to get a citation and waste taxpayer money and government resources, the fact remains, that more than likely, if he can prove that auto-pilot was engaged, he "should" get the citation dismissed in court due to these loopholes.
