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radio service, as such term is defined by 47 C.F.R. § 20.3.(c) "Using" shall mean
holding a mobile telephone to, or in the immediate proximity of, the user's ear.(d)
"Hand-held mobile telephone" shall mean a mobile telephone with which a user
engages in a call using at least one hand.(e) "Hands-free mobile telephone" shall
mean a mobile telephone that has an internal feature or function, or that is
equipped with an attachment or addition, whether or not permanently part of such
mobile telephone, by which a user engages in a call without the use of either hand,
whether or not the use of either hand is necessary to activate, deactivate or initiate
a function of such telephone.(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.(g)
"Immediate proximity" shall mean that distance as permits the operator of a mobile
telephone to hear telecommunications transmitted over such mobile telephone,
but shall not require physical contact with such operator'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.(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 rebuttable 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.3. Subdivision two of this section
shall not apply to(a) the use of a mobile telephone for the sole purpose of
communicating with any of the following regarding an emergency situation: an
emergency response operator; a hospital, physician's office or health clinic; an
ambulance company or corps; a fire department, district or company; or a police
department,(b) any of the following persons while in the performance of their
official duties: a police officer or peace officer; a member of a fire department,
district or company; or the operator of an authorized emergency vehicle as defined
in section one hundred one of this chapter, or(c) the use of a hands-free mobile
telephone.4. A violation of subdivision two of this section shall be a traffic
infraction and shall be punishable by a fine of not more than one hundred dollars.
Reading and understanding the facts of a statute does not come easy to most
people; that’s where we lawyers come in. We are going to analyze the statute piece
by piece so we can better understand it. It might seem tedious but we’re going to
learn a lot of useful information and possible defenses along the way, so let’s begin.
Cell Phone Tickets | Speeding Tickets | Driving While Suspended | Criminal Defense