Can a police officer in New York pull you over for being on the phone without using a "hands free" device?
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Anonymous
ANSWERS: 2
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Yes. According to Article 33, Section 1225-c of the New York State Vehicle & Traffic Law, "...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...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 penalty for an infraction is a fine of no more than $100. The law allows for hands free devices, as well as calls to emergency sevices. It also states that if evidence can be shown that there was no call in progress, there would be no infraction. Read it yourself here: http://www.nysgtsc.state.ny.us/phon-vt.htm
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Yes, more states and cities are using a "careless driving" law for such situations. usually, the careless driving law is used as a backup charge to some other traffic violation offense.
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