Cell Phone Use while Driving and Traffic Ticket Issued

What is the name of your state?What is the name of your state? NY

Hello all.

Okay, I'd spotted already a previous thread regarding this subject and thought to open up a new one since that other one is over 3 months old.

Regarding the law:

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.

Can anyone share their thoughts as to what's mentioned in the above? It clearly states "public highway". Does an actual street count as a public highway? Or are they simply being redundant by stating the obvious once again?

Below is the law as I'd pulled it from an official page:

Section 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. S 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 hundred dollars.

[BelizeBreeze]

You can use your cell phone in the car in your own driveway or other PRIVATE property. But any thoroughfare that is open to use by the public results in a ticket.

Nice try but no dialtone.

[You Are Guilty]

Do cel phones even have a dialtone?

Anyway, nice attempt at a loophole, but s. 134 of the VTL:

Public highway. Any highway, road, street, avenue, alley, public place, public driveway or any public way.

Pay the $100 and get a freaking hands-free earpiece already.

Originally Posted by You Are Guilty

Do cel phones even have a dialtone?

Anyway, nice attempt at a loophole, but s. 134 of the VTL:

Pay the $100 and get a freaking hands-free earpiece already.

Says the presumptive dimwit. Thanks for reminding me why I usually avoid forums such as these. It's unfortunate that it's frequented by the likes of yourself.

[You Are Guilty]

Originally Posted by cyber

Says the presumptive dimwit. Thanks for reminding me why I usually avoid forums such as these. It's unfortunate that it's frequented by the likes of yourself.

Presumptive dimwit who doesn't have a $100 cel phone ticket, thank you.

Well, I COULD presume you've got half a brain but I'd rather not since you seem to be presuming enough for both of us and everyone else in the room.

You presume I'm the one with the ticket, that I've got a cellphone, much less use one in a car and that this post has anything to do with me personally.

You're quite the charmer aren't you. I doubt you'll get far in your profession/life with that sort of approach and attitude.

Bud, try thinking a bit more clearly, aye?

[You Are Guilty]

Originally Posted by cyber

I doubt you'll get far in your profession/life with that sort of approach and attitude.

...says the man asking me for advice. Good thing I'm not the one with the law degree and Wall St. office, eh?


And in response to the remainder of your reply, you just like to randomly raise issues of law for no reason? You woke up this morning, had your cornflakes and coffee, read the sports section and suddenly decided you needed clarification on the NY VTL's definition of "public highway" in relation to the hands-free law? If so, I'd hate to see what you think of during lunch.