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1225C2a with Handsfee kit in use

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dramroop@davena

Junior Member
1225C2a mobile phone ticket with Handsfee kit in use

Yesterday i received from an officer for a mobiel phoen ticket.. Was driving down the Mammaroneck ave, engaged in a phone call wearing and utilizing a motorla Handsfree kit. Received a 2nd call, and i did not want to hit button on earpiece to hang up so i picked up phone and used swap feature. 4 minutes later i was pulled over and given tickets. I informed the officer i was holding phone for a couple seconds and i did have my earpiece on. he told me it was illegal to hold phone at all. My total second call was only 2:19 so i could have only been holding phone for that duration max and I even doubt that. Bases on my interpretation of the folloiwng i think that under section 1F i should be in my legal rights to do what i did. i did not have phone within 2 feet of my ear and more ridiculous is that that it was in my right hand, the same side of my body as the ear piece even. Its my interpretation i can hold the phoen to oopearte fuinctions but not to use it to talk. so i was going to plead Not guilty and explain my case but that may still mean i may have to go to courthosue in person which i abhor. is my interpetation correct? by 1f i should have been considered engaged in phone call. I dont knwo how i can prove that.. It is really a shame when you get a ticket when i purposely went out and bought a handdfree kit to abide by the damn law. Its one thing if i did nto have one but to have one, having it blinking in my ear and using the thing and still get a ticket should be wrong! Its not even the money. its the pricinple of matter and i hate going to court but i would cosnider hiring an attorney so i would not have to go and this case would be dismissed. Who passes these assanine laws anyway. This is up there with fining a person for not buckleing his seatbelt. AM i correct in thinking i can still email and text in westchester from blackberry but yet i cant hold the damn thing. Anyway is there a way i can pass this off to an attorney cheaply to have this dismissed or do you gusy think i will still lose as its techincally a he said she situation. i have the record of phone call btu that is all the real evidence i have

the legal mumbo jumbo NYS definiton below
§ 1225-c. Use of mobile telephones. 1. For purposes of this section, the following terms shall mean:
(a) "Mobile telephone" shall mean the device used by subscribers and
other users of wireless telephone service to access such service.
(b) "Wireless telephone service" shall mean two-way real time voice
telecommunications service that is interconnected to a public switched
telephone network and is provided by a commercial mobile radio service,
as such term is defined by 47 C.F.R. § 20.3.
(c) "Using" shall mean holding a mobile telephone to, or in the immediate proximity of, the user's ear.
(d) "Hand-held mobile telephone" shall mean a mobile telephone with
which a user engages in a call using at least one hand.
(e) "Hands-free mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an
attachment or addition, whether or not permanently part of such mobile
telephone, by which a user engages in a call without the use of either
hand, whether or not the use of either hand is necessary to activate,
deactivate or initiate a function of such telephone.
(f) "Engage in a call" shall mean talking into or listening on a
hand-held mobile telephone, but shall not include holding a mobile
telephone to activate, deactivate or initiate a function of such
telephone.

(g) "Immediate proximity" shall mean that distance as permits the
operator of a mobile telephone to hear telecommunications transmitted
over such mobile telephone, but shall not require physical contact with
such operator's ear.
2. (a) Except as otherwise provided in this section, no person shall
operate a motor vehicle upon a public highway while using a mobile
telephone to engage in a call while such vehicle is in motion.
(b) An operator of a motor vehicle who holds a mobile telephone to, or
in the immediate proximity of his or her ear while such vehicle is in
motion is presumed to be engaging in a call within the meaning of this
section. The presumption established by this subdivision is rebuttable
by evidence tending to show that the operator was not engaged in a call.
(c) The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a mobile telephone, unless
otherwise provided by law.
3. Subdivision two of this section shall not apply to (a) the use of a
mobile telephone for the sole purpose of communicating with any of the
following regarding an emergency situation: an emergency response
operator; a hospital, physician's office or health clinic; an ambulance
company or corps; a fire department, district or company; or a police
department, (b) any of the following persons while in the performance of
their official duties: a police officer or peace officer; a member of a
fire department, district or company; or the operator of an authorized
emergency vehicle as defined in section one hundred one of this chapter,
or (c) the use of a hands-free mobile telephone.
4. A violation of subdivision two of this section shall be a traffic
infraction and shall be punishable by a fine of not more than one
 
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You Are Guilty

Senior Member
Although you're ranting a bit too much over a silly little no-point, non-moving violation ticket, I liked your use of the word "abhor" so I'll throw my $0.02 in.

This is going to come down to a credibility issue before the judge. If you come with your cell phone bill, your hands-free device (and ideally, a receipt showing you owned it prior to the ticket), and explain to the judge, in un-ranty terms, exactly what you've set out here, under the letter of the law, the ticket should be dismissed. Whether that will actually happen in any specific situation is impossible to predict, so I think it makes financial sense for you to show up and make the argument yourself, rather than spend several hundred dollars on a lawyer to fight what is, at most, a $100 ticket.

Good luck.
 

dramroop@davena

Junior Member
I actually do i have the credit card receipt for the handsfree kit and i do have the att bill and bill. however i do live in Suffolc count> only reason i was 1 hour was to see an insurance covered lasik surgeon. Took me 3 hours plsu in commute round trip to be in his office for 10 minutes.. An a different point...although i knwo its illegal in Suffolk county to text, its nto illegal to do so in westchester. On ticket he wrote tthat i stated that i can hold phonewhile talking on head set..In other words the questionabilty of headset was not there. He knew i headset and its documented. what i had discussed with him is I was under interpretation i can have phoen in my hand I just cant use it for making calls. to use any other function of phone aside from communicating verbally it should be fine. Well that is my thought.
 

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