Subscribe Feed (RSS)Changes to New York State Vehicle and Traffic Laws Regarding Cell Phone/PDA Usage
March 20th, 2012 by Kevin Mahoney | No Comments | Filed in Criminal and Traffic LawVehicle and Traffic Law Section 1225-c, which initially became effective in 2001, prohibits individuals from operating a motor vehicle while using a mobile telephone to engage in a call while the vehicle is in motion. The law provides specific definitions including that “using” refers to the individual holding the phone to or near the user’s ear. “Engaging in a call” refers to talking into or listening on the device, but does not include holding the phone to “activate, deactivate or initiate a function of” the phone. This law then further provides a presumption that a driver holding the phone to or in the “immediate proximity” of his/her ear while the vehicle is in motion is in fact engaging in a call. The motorist has the opportunity then to defend against this presumption. (more…)
Tags: cell phone driving, cell phone ticket, primary offense, section 1225-c, section 1225-d
