Ticket for Holding Phone While Driving (windshield, hitch, free, 911)

[YourWakeUpCall]

Quote:
Originally Posted by New York Vehicle and Traffic Law § 1225-d
§ 1225-d. Use of portable electronic devices. 1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion;

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(b) "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data.

1) Digital music is electronic data
2) One must "access" said data to play it

There's nothing ambiguous about it. Don't mess with hand held electronic devices while driving.

For those of you who equate texting or choosing music on a handheld electronic device with changing the station on a built-in sound system: get real. Glancing off the road for a second to push one button is not nearly as distracting as picking up a phone, looking at it, navigating to the desired song, then selecting play (all with one hand). Obviously, no distractions would be ideal, but it is disingenuous to proclaim that all types of distracted driving are equally dangerous. I think the fact that the OP took so long to realize that a police car was in the vicinity is pretty compelling evidence of being distracted for an extended period of time.

[PullMyFinger]

Originally Posted by jbgusa

For everyone above how is it different from changing the stations on a radio dial to get a traffic report?

For one thing I can change stations without taking my hands off the wheel and eyes off the road. So there's that.

I hope the fine is big.

[PullMyFinger]

I wonder if the OP realizes just how far their car travels in the time it takes to take their eyes off the road to just look at the phone, much less doing adjustments.

I'm sure someday when they kill a family of 4 while sending that all important text they will think that was justified as well.

You can justify ANYTHING in your own mind. But people much smarter than you have made the laws.

[headingtoDenver]

Originally Posted by PullMyFinger

I wonder if the OP realizes just how far their car travels in the time it takes to take their eyes off the road to just look at the phone, much less doing adjustments.

Exactly. At 60mph, 1 second is 88ft I believe (not a math major so if I'm wrong, please correct me). That is just shy of a basketball court. Of course, I highly doubt the OP had the song selected in exactly a second. Who knows how many actual seconds it took him.

[Zymer]

Originally Posted by YourWakeUpCall

1) Digital music is electronic data
2) One must "access" said data to play it

There's nothing ambiguous about it. Don't mess with hand held electronic devices while driving.

True it is not ambiguous, it specifically states that the access must be for the purpose of communication...and that is exactly the problem. The law chooses to define *exactly* what is not permitted, in a precisely non-ambiguous manner, and the OP's action, as precisely defined, does not violate the law.

The lack of ambiguity *is* the issue. If the OP were ticketed for the very ambiguous "distracted driving", the charge would stick. As it is, he has grounds to fight.

I agree that the OP should not have been doing what he was doing, and it was stupid, but he did not violate the law as written.

[ponytrekker]

Connect the phone through bluetooth.

Put it in a bag in the trunk.

[Bummer]

Originally Posted by ponytrekker

Connect the phone through bluetooth.

Put it in a bag in the trunk.

Better yet . . . GROW UP and Talk / Text AFTER your trip has ended NOT during.

Why risk a serious personal injury accident or even worse, a deadly accident just for a little anal chit chat and/or gossip?

[reed067]

While I agree with everyone else I have to wonder... not wait I KNOW the cops use their cellphone a bit of a double standard, then again they don't have to obey jack & or...well you know.

[janis64]

Is your radio broken? People playing with cell phones are the most dangerous people on the road there is. Leave it alone and watch the road.

[LeagleEagleDFW]

I'm actually somewhat amazed at the amount of people who can't grasp the wording of the statute and just pull out the parts they want to see.