Nextel Direct Connect

[Annoyed in NY]

What is the name of your state? NY

I do understand that Nextel is considered a Cell phone, however when you are using Direct Connect, it is the same as holding and using a Walkie Talkie or a CB radio. The only difference is how the service is provided to you. I do not understand how Direct Connect can be any different then if I was talking on a CB radio like the truckers do?

[Zigner]

What was your legal question?

[Annoyed in NY]

Do I have a chance to fight this ticket by using the example of a CB?

[CdwJava]

What were you cited for? What code section?

- Carl

[LSCAP]

I havent been there lately but was toldthat holding the phone in your hand is the violation that's why they all use headsets.

[CdwJava]

NYS VAT 1225c:

§ 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.


By the definitions under (a) and (b), a Nextel Direct Connect would constitute a device prohibited by the section.

Sorry ... you would seem to be guilty.

- Carl