![]() While some newspapers have written that GPS devices are omitted from the new law, they DO come within the reach of VTL 1225-d as a “handheld device with mobile data access” or as a “portable computing device”. If it is built into your vehicle or affixed to the surface of your vehicle, however, it is not a “handheld” or “portable” device and exempt from this law.Īnother issue is whether motorists can “check” their device while stopped at a red light. The new law prohibits using your electronic device while the car is “in motion”. I expect that most courts will interpret “in motion” to mean when the motorist is behind the wheel with the car in “Drive”. Therefore, stopping at a light is “in motion”. I highly recommend pulling over to a legal parking spot if you need to text or otherwise use an electronic device.įinally, I expect motorist using legal mp3 devices to also be wrongly ticketed. Under VTL 12225-d(2)(a), the term “Portable electronic device” is defined as “any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.” It does NOT mention mp3 players and, therefore, does not prohibit their use (unless of course it also has computing, gaming or texting capacity like an iTouch device). GPS devices present an interesting question. The new law fixes this issue and, in my opinion, will lead to rash of tickets. Therefore, I expect a rash of tickets being issued by officers who will not be bothered ascertaining what use the motorist was making for his or her device. In fact, I was just emailed yesterday by a motorist who was issued a VTL 1225-d ticket for texting. However, he merely pushed the speaker button on his cell phone to hear a call while it was legally sitting on his console.ĭon’t be fooled by the lack of tickets being issued under the old texting and driving law. That law contained a major loophole (first identified by me in October 2009) which made it difficult to enforce. Given this presumption of guilt, I envision many motorists who are holding an iPhone or Adroid being issued a ticket even though they may be legally using it to make or receive a telephone call. The word “use” in the new law intentionally omits talking or listening to phone calls (VTL 1225-c governs driving and using an electronic device as a phone, and authorizes using a “hands-free” mobile phone). ![]() Therefore, if a police officer sees you just holding or fidgeting with an electronic while you are behind the wheel, he can issue you a ticket and YOU will be responsible for proving that you were not using it (as opposed to the other way around). Out-Of-State Driver with a NY Traffic TicketĪnyone found guilty of violating the new law prohibiting texting and driving will be assessed 3 points and a fine of up to $150. I recently had a chance to review the portable electronic device law and, overall, I am concerned about a floodgate of wrongly-issued tickets being handed out.įirst off, keep in mind that, under VTL 1225-d, the mere holding of a device while driving gives rise to a presumption of use.NYC Leaving the Scene of an Accident OATH Ticket.
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