BREW

offical Blog of the Liger

Tuesday, August 31, 2004

I FOUGHT THE LAW AND THE LAW AND THE LAW...LOST

The man is trying to hold me down, but I fought back and won. New York State has a mobile phone law that makes it illegal to talk on a mobile phone while driving. I only know one other person who has received a ticket for one and she paid $50 total for fine and court surcharges. I have received two and beaten them both. The crazy thing is that in theory I believe in the law, but they need to make it apply to all things done while driving. This would mean banning drive-thru at fast food places because anything can be a distraction. The New York State law is written badly and it makes it easier to get out of.

I got my other one in April of 2003. I beat both of them the same way. I made the initial court appearance. I pled not-guilty and requested a written deposition from the officer that wrote the ticket. The court them mails out this deposition to you. In both that I have had done, last year and a month ago, the officer wrote out that he observed me holding my mobile phone on such and such street. This plays right into my hands. I will put the link to the law here, but here are the important parts.

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. (b) 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 presumption established by this subdivision is rebut table by evidence tending to show that the operator was not engaged in a call. (c) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law

(c) "Using" shall mean holding a mobile telephone to, or in the immediate proximity of, the user's ear.

(f) "Engage in a call" shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.


The DA had no choice but to have the charges dismissed. The officers own deposition had not mention where I was holding the phone or if I was "Engage in a call". The DA did not even mind dismissing it today until I told him it was the second one I had gotten out of.

I should also note that I was guilty both times. I love America.