Massachusetts Law Enforcement Network

Massachusetts Police News, Information and Discussions on MassCops

Posted by: Copfrmny

As you all probably know, In NY its against the law to use a cell phone while driving if you are not using a hands free kit. So im sitting there in a parking lot laying low (traffic duty) and here comes this lilttle ole hyundai driving about 10 under the limit. So I shine the spot light in the car as it drove by and noticed that the passenger had a black object to the drivers head. Im thinking its a gun so i get on the horn to call in the calvery. We get about 3 units with me and we decide to light em up. We aproach the car at gun point after we pull them out with a felony stop. What we see on the seat is a VERY large cell phone. Turns out the passenger was holding the phone to the drivers ear so they would not be breaking the law. The phone was so old they didnt even make hands-free devices for it. My question is HONESTLY, do you think that that would qualify as a hands free device (someone elses hand)? What would you have done ? I felt so stupid that i called the calvery on a cell phone user that when everyone left, i just gave them a a warning not to do it again(no ticket).But do you think my ticket would have held up in court ?

---

Posted by: Deuce

Kind of hard to say since you're in New York and we're in Mass... Oh by the way Yankees suck....

---

Posted by: RPD931

The whole point of hands-free is so that the driver is not distracted while she/he is operating the M/V. I would believe that having my friend hold the phone to my ear is still a distraction and poses a potentially hazardous situation...

But, like deuce says, its NY... and yep, Yanks do suck.

---

Posted by: dcs2244

I would suggest that if the law specifies "hands-free", then that is what it means. Since the passenger was using it's paw to hold the phone, they were in violation ...maybe: hey, try it...all the court can say is yes or no! Further, if it goes before your friendly neighborhood JP, you're more likely to win, especially if the guy is a retired trooper ! All bets are off if you work in a place like Brighton or Pittsford, though!

---

Posted by: EOD1

Better safe than sorry i guess, & yup yankees definately suck! damn i miss MA. Some one needs to send me a yankees suck shirt- for some odd reason even the people here in the middle east jump on the stupid yankees band wagon!

---

Posted by: Mortal knight

If the law is similar to the one passed in NJ, then it should say only with a head set or earpiece. I got a brother how lives in NJ, and he told me that is what their law states.
So I guess that someone else holding the phone would still be in violation. Kind of reminds me of some one else steering for you while you sit in the driver's seat. " needed both hands to eat my breakfast burrioto"

And i must agrre Yankees Sux

---

Posted by: Officer Dunngeon

Quote:

Originally Posted by Deuce Kind of hard to say since you're in New York and we're in Mass... Oh by the way Yankees suck....

I can see your point and although humiliating to call in the calvary, I guess it would all depend on how the written law is worded.

Go Red Sox!!!!

---

Posted by: mazz

Copfrmny,

Funny story.

Oh ya, Yankees suck

---

Posted by: Harley387

Ummm...Yankees Suck.

---

vBulletin Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
vB Easy Archive Final ©2000 - 2008 - Created by Stefan "Xenon" Kaeser