Cell Phone And Electronic Devices

§1225c. Use of mobile telephones. 1. For purposes of this section, the following terms shall mean: (a) “Mobile telephone” shall mean the device used by subscribers and other users of wireless telephone service to access such service. (b) “Wireless telephone service” shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. § 20.3. (c) “Using” shall mean (i) holding a mobile telephone to, or in the immediate proximity of, the user’s ear; . . .

2. (a) Except as otherwise provided in this section, 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; provided, however, that no person shall operate a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.

FIVE (5) POINTS IF CONVICTED! Under New York State law, above, you cannot use a hand-held mobile telephone or portable electronic device while driving. Illegal activity includes holding a portable electronic device and talking on a handheld mobile telephone composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or viewing, taking, or transmitting images playing games. As you can see, there is a statutory “rebuttable presumption” of “USE” when observed holding a cell phone or electronic device.

If you are seen by a police officer “using” a portable electronic device while driving (except to call 911 or to contact medical, fire or police personnel about an emergency), you will almost assuredly receive a traffic ticket and, if convicted or plead “guilty”, be subject to a fine and a surcharge and points being added to your New York State DMV driving record (whether a NY license holder or an out-of-state motorist). If any motorist receives eleven (11) points in an eighteen (18) month period, your driver license or NYS driving privilege may be suspended.