Driving with a cell phone in NY

What is the name of your state? NY

Okay, so I was coming home from the gym late one night talking to my friend on the speakerphone. I picked up the phone and started driving with it against the steering wheel. Both hands were on the wheel. I was then pulled over and explained to the cop that I had the speakerphone on. He hesitated, as if to say "oh" and I thought he'd let me off. Then he said, "Well speakerphones count - all is included." I said, "sorry." He gave me a ticket anyway. I'm pleading not guilty. Does anyone have any advice for when I go to the deposition? My friend was still on speaker phone when the cop had me pulled over and heard most of what was going on - can I use him as a witness? Would that help at all? Having sold cell phones, I know that a speakerphone feature is technically for hands free. Any advice? I really wasn't aware that the law applied if you weren't actively holding the phone up to your ear. I mean, then people should get pulled over for drinking a soda or playing with the radio while they drive!

Any legitimate, no bull****, advice would be greatly appreciated.

[n_and]

Well, law in NY on driving while talking does state headsets are alright, just no handheld phones & no dialing while driving. That bill was passed in 2002. So I guess what I would say to you is the fact that you had the cell phone in your hand when you were pulled over is what works against you right here, regardless of whether or not both hands were on the wheel.

Hopefully someone more knowledgeable than I on NY cell phone laws will come along.

As far as drinking a soda and playing the radio, don't be absurd. Those things take such a minimal amount of attention. You can not honestly tell me that a conversation with a friend requires less concentration than drinking a soda.

Good Luck.

[dequeendistress]

§ 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
hundred dollars.

Note-Using your friend as a witness is futile.

As for the comment I made about radio or soda, I was making the argument that it takes the same amount of actions to do that as it does to turn off the phone. It's pressing a button or using your hand. How is that no illegal when I could have been grabbing the phone for that purpose.

Thank you so much! You were all more helpful than I could have hoped.

[n_and]

Thank you so much! You were all more helpful than I could have hoped

You're very welcome. Glad queenie came along and was able to help you out better than I.

Good Luck.

[HomeGuru]

Guilty as charged.

[dequeendistress]

(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.

DEFINTION:

(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.

Yes! Thank you queen! According to the law you sent (which I should have had the sense to just look up), I wasn't doing anything wrong. I also found this:

Cell Phone Legislation

In November 2001, New York state enacted a new law that required motorists who use cell phones behind the wheel to use a hands-free adapter. The law made it illegal to drive while using a cell phone held next to the driver's ear, but speaker phones, voice-activated dialing and headsets were still OK. Since New York passed its ban on the use of hand-held cell phones, dozens of cities and counties in the U.S. have enacted similar laws. Approximately 40 states have considered or are considering cell phone legislation.

So the officer probably wasn't sure, explaining his "Oh" when I told him I was on speaker. If he shows up, it's his word against mine (assuming he won't lie - I would hope an officer of the law wouldn't). Any advice on how to approach the judge? I've never actually been to a hearing of any sort. Once again thanks.

[n_and]

(d) "Hand-held mobile telephone" shall mean a mobile telephone with
which a user engages in a call using at least one hand.


I thought that meant she had no case? Am I wrong?

[dequeendistress]

Originally posted by Jong81

I picked up the phone and started driving with it against the steering wheel. [/b]

Okay, a lawyer is supposed to represent you. That means they use the information you give them to your advantage. Let's say you're my lawyer (pretend you practice law). What do you think would be an appropriate approach. There is what I said and there is what I did. Technically, the law, section 1225-c can be used to my advantage. There was doubt in the officers issuing the ticket. Maybe it was late and his shift was ending and he needed to fill his quota. There are a few parts to this law that states that I was doing nothing wrong. In fact, the law sort of contradicts itself, saying you can activate and deactivate the phone, but you need to pick it up in order to do that no?

Given that, can anyone HELP me and not just provide peanut gallery comments. Is legal ADVICE not what this site is for? We're not supposed to be knocking each other down. I did not post this for an argument - I posted it for advice in my favor, as anyone in such a situation would do. If you don't have that, please move on to another post. Thanks!

[dequeendistress]

You were talking and the phone was in your hand, and the vehicle was in motion...it fits...

[n_and]

queenie-

thought so, but wasn't sure. Thanks.

Jong-

What are you talking about? Peanut gallery comments? Who's knocking you down? No one is arguing! I asked a question and was responded to - how is that arguing or knocking you down? I repeat, what are you talkng about? You have been given your legal advice, and as far as I know, HG & dequeendistress DO practice law. I'M the lowly student.

[dequeendistress]

n_and---

I come closer to being the one who may be filling the quota...

TO Jong~~sorry, it appears you are guilty of the charge. Hands free means hands free...


If the phone fits...

You guys are discussing whether I'm right or wrong - you're not giving me advice on how I should approach this. What a lawyer does is use the law to a person's advantage. The law says that I can answer my phone. What should I say or not say to the judge? The officer didn't seem so confident in giving me the ticket. A speakerphone is considered an internal hands free device. What is there not to understand?

And I was referring to Homeguru most of all when I made that comment about the peanut gallery. However, you folks seem to be more concerned with letting me know that I broke the law than giving me information as to how, given that I've plead "not guilty," I can turn the information and the law in my favor. What is there not to understand in my excessive ranting? Lol

PS - It's been a rough week

to N_and

(d) "Hand-held mobile telephone" shall mean a mobile telephone with
which a user engages in a call using at least one hand.


I thought that meant she had no case? Am I wrong?

(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.

(c) "Using" shall mean holding a mobile telephone to, or in the
immediate proximity of, the user's ear.

(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.