July 17, 2013 – Pospis Law, PLLC

July 17, 2013 by mjpospis

Car Is “In Motion” When Stopped at Red Light For Purposes of New York’s Cell Phone Driving Statute

Your best bet for avoiding a cell phone-related ticket in New York? Put the thing down while the car is running – even when stopped at a red light. One court (the Town Court of the Town of Brighton, Monroe County) recently held that a car stopped at a red light is still “in motion”…

Activating “Siri” Feature Did Not Amount to Using Phone to “Engage in a Call” Within the Meaning of New York’s Cell Phone Driving Statute

What does it mean to “engage in a call” for purposes of New York’s general cell phone driving statute, VTL § 1225-c(2)(a)? That section provides: ”[N]o 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.” Specifically, does using an iPhone’s “Siri” feature to…