Ticket for Holding Phone While Driving (vehicle, lane, drivers, lights)

[jbgusa]

Last night I was coming home from Scarsdale to Rye Brook. I eased into moderately heavy traffic on the Hutchinson Parkway. I picked up my phone to change the song. Not to my ear, mind you. I jockeyed to the left lane to avoid traffic heading for an exit about 1/2 mile away. I noticed I was about to pass a police car going exactly 55 mph so I slowed down to that speed. He slowed down to 50 mph so I passed him and moved into the right lane. He put his lights on.

I moved onto the shoulder. He said to keep moving to the next exit, which I did. When he approached my car window I asked "what's this for" and he said "you were texting, I saw it." I offered him to look at my phone to see if there were any recent texts. He declined. When he came back with the ticket he said "I had been holding the phone." The law in question states:

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.

To me, this is outrageous. The officer is targeting law abiding citizens and lawful activity in order to show that he was actively doing his job. I don't think there are "quotas" but I do believe that officers are under pressure to generate activity. My inclination is to fight this one on the merits. Thoughts?

[Don in Austin]

Originally Posted by jbgusa

Last night I was coming home from Scarsdale to Rye Brook. I eased into moderately heavy traffic on the Hutchinson Parkway. I picked up my phone to change the song. Not to my ear, mind you. I jockeyed to the left lane to avoid traffic heading for an exit about 1/2 mile away. I noticed I was about to pass a police car going exactly 55 mph so I slowed down to that speed. He slowed down to 50 mph so I passed him and moved into the right lane. He put his lights on.

I moved onto the shoulder. He said to keep moving to the next exit, which I did. When he approached my car window I asked "what's this for" and he said "you were texting, I saw it." I offered him to look at my phone to see if there were any recent texts. He declined. When he came back with the ticket he said "I had been holding the phone." The law in question states:



To me, this is outrageous. The officer is targeting law abiding citizens and lawful activity in order to show that he was actively doing his job. I don't think there are "quotas" but I do believe that officers are under pressure to generate activity. My inclination is to fight this one on the merits. Thoughts?

You would have to remove your eyes from the road and use them to change the song. I think the ticket is justified.

Don in Austin

[gunslinger256]

I think the ticket is justified. The traffic in your area is terrible and the hutchinson pky is fairly narrow if I remember correctly. I'm pretty sure the conditions can change pretty quickly and distracted driving of ANY KIND is dangerous.

Taking your eyes off the road to change the song is not any different than texting "OK" to someone. Your attention is divided, and as a result your decision making ability is reduced.

That makes a ticket justified.

[Electrician4you]

Originally Posted by jbgusa

Last night I was coming home from Scarsdale to Rye Brook. I eased into moderately heavy traffic on the Hutchinson Parkway. I picked up my phone to change the song. Not to my ear, mind you. I jockeyed to the left lane to avoid traffic heading for an exit about 1/2 mile away. I noticed I was about to pass a police car going exactly 55 mph so I slowed down to that speed. He slowed down to 50 mph so I passed him and moved into the right lane. He put his lights on.

I moved onto the shoulder. He said to keep moving to the next exit, which I did. When he approached my car window I asked "what's this for" and he said "you were texting, I saw it." I offered him to look at my phone to see if there were any recent texts. He declined. When he came back with the ticket he said "I had been holding the phone." The law in question states:



To me, this is outrageous. The officer is targeting law abiding citizens and lawful activity in order to show that he was actively doing his job. I don't think there are "quotas" but I do believe that officers are under pressure to generate activity. My inclination is to fight this one on the merits. Thoughts?

You were using the phone. What you were using it to do is inconsequential. It's use of a cell phone. Go fight it if you feel that strongly about it.

I control my phone with my stereo for music text or calls all with voice commands

[Sunbiz1]

Originally Posted by Don in Austin

You would have to remove your eyes from the road and use them to change the song. I think the ticket is justified.

Don in Austin

Agree, I have never been endangered by a drunk driver.

But distracted cell phone drivers are a constant hazard I must avoid on a regular basis.

[YourWakeUpCall]

Originally Posted by jbgusa

Last night I was coming home from Scarsdale to Rye Brook. I eased into moderately heavy traffic on the Hutchinson Parkway. I picked up my phone to change the song. Not to my ear, mind you. I jockeyed to the left lane to avoid traffic heading for an exit about 1/2 mile away. I noticed I was about to pass a police car going exactly 55 mph so I slowed down to that speed. He slowed down to 50 mph so I passed him and moved into the right lane. He put his lights on.

I moved onto the shoulder. He said to keep moving to the next exit, which I did. When he approached my car window I asked "what's this for" and he said "you were texting, I saw it." I offered him to look at my phone to see if there were any recent texts. He declined. When he came back with the ticket he said "I had been holding the phone." The law in question states:



To me, this is outrageous. The officer is targeting law abiding citizens and lawful activity in order to show that he was actively doing his job. I don't think there are "quotas" but I do believe that officers are under pressure to generate activity. My inclination is to fight this one on the merits. Thoughts?

Your own description of your behavior indicates your were clearly in violation of the law (which you so helpfully posted). What is your issue with the officer's actions? You broke the law right in front of him.

[mrs1885]

Originally Posted by jbgusa

Last night I was coming home from Scarsdale to Rye Brook. I eased into moderately heavy traffic on the Hutchinson Parkway. I picked up my phone to change the song. Not to my ear, mind you. I jockeyed to the left lane to avoid traffic heading for an exit about 1/2 mile away. I noticed I was about to pass a police car going exactly 55 mph so I slowed down to that speed. He slowed down to 50 mph so I passed him and moved into the right lane. He put his lights on.

I moved onto the shoulder. He said to keep moving to the next exit, which I did. When he approached my car window I asked "what's this for" and he said "you were texting, I saw it." I offered him to look at my phone to see if there were any recent texts. He declined. When he came back with the ticket he said "I had been holding the phone." The law in question states:



To me, this is outrageous. The officer is targeting law abiding citizens and lawful activity in order to show that he was actively doing his job. I don't think there are "quotas" but I do believe that officers are under pressure to generate activity. My inclination is to fight this one on the merits. Thoughts?

You broke the law. Your opinion on the law doesn't matter. Suck it up and pay the ticket and learn the lesson. Changing the song meant taking your eyes off the road. What you did was dangerous, even if only for a split second.

[Hemlock140]

I agree with all of the others, the law is clear, and you broke it. We have that law here too, and it annoys me that so many people get away with breaking it,
you must have really bad luck to have been caught.

[sholomar]

As someone who himself does stuff on his phone and knows he shouldn't, I'd say the ticket is justified. Pay it and move on with your life.

[V8 Vega]

You won't get any sympathy from me. I don't want people like you fooling with their phone running into my car. Leave the damn phone alone and pay attention to your driving.