CellPhone ticket while performing my job duties

[lanetheleo]

What is the name of your state (only U.S. law)? NY. I am a Access A Ride driver in new york and I got a ticket for a "cellphone". I had a bus full and my dispatcher contacted me via nextel which only functions in speaker mode, regarding a passenger emergency. I was stuck in traffic trying to get onto the queensboro bridge leaving manhattan. I was in the left lane turn only onto the bridge, the bus was not in motion it was in park because there wasn't any since in staying in drive since traffic was not moving for about a half hour. After I responded to the dispatcher letting them know the status and location. About 3 minutes later a uniform officer approached the bus and said license and registration. As I gathered the mentioned I asked what was the reason, and the officer responded by saying to me that I am not allowed to use a cellphone while driving. Now I am well aware of that law for 12 years I have never been citated for any type of traffic offense and felt that this was unjust. I told the officer that we have been sitting for a very long time and I have a sick passenger onboard and my company's dispatcher was checking in to make sure everything was okay. He said this is the law and that my company needs to find another form of communication.He then gave me the ticket and walked away. The officer never saw me on that radio he heard the walkie talkie. I am a single struggling parent and I just started working for Access A Ride for a month and am in no way fianacially able to afford this type of ticket as such a moving violation on my abstract. Help??? Please advise....What is the name of your state (only U.S. law)?

 

[You Are Guilty]

What is the name of your state (only U.S. law)? NY. I am a Access A Ride driver in new york and I got a ticket for a "cellphone". I had a bus full and my dispatcher contacted me via nextel which only functions in speaker mode, regarding a passenger emergency. I was stuck in traffic trying to get onto the queensboro bridge leaving manhattan. I was in the left lane turn only onto the bridge, the bus was not in motion it was in park because there wasn't any since in staying in drive since traffic was not moving for about a half hour. After I responded to the dispatcher letting them know the status and location. About 3 minutes later a uniform officer approached the bus and said license and registration. As I gathered the mentioned I asked what was the reason, and the officer responded by saying to me that I am not allowed to use a cellphone while driving. Now I am well aware of that law for 12 years I have never been citated for any type of traffic offense and felt that this was unjust. I told the officer that we have been sitting for a very long time and I have a sick passenger onboard and my company's dispatcher was checking in to make sure everything was okay. He said this is the law and that my company needs to find another form of communication.He then gave me the ticket and walked away. The officer never saw me on that radio he heard the walkie talkie. I am a single struggling parent and I just started working for Access A Ride for a month and am in no way fianacially able to afford this type of ticket as such a moving violation on my abstract. Help??? Please advise....What is the name of your state (only U.S. law)?

Unfortunately, you've fallen in a bit of a "gray area" in the law. Let's start with the charge itself:

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
hundred dollars.

If you read the definitions in section 1, there is a good argument that speakerphones, or PTT phones, like Nextel do not fall under this statute, but only if you don't hold them up to your face while using them. (See 1g).

I've seen these cases go both ways, so you may as well try pleading not guilty and hoping for a sympathetic judge. The "good" news is that the fine can only go up to $100, so it's not like you're going to go bankrupt if the ticket is upheld. However, I would suggest you ask your bosses about paying it, seeing as how it's their equipment that caused the problem in the first place.

Good luck.