Cell Phone Ticket Blitz Snaring Texting Drivers

Since 12:01 a.m., the NYPD has been doing this crazy thing whereby they enforce the law, issuing tickets to drivers using portable electronic devices in one of their regular 24-hour sting operations. And one driver we know has already gotten nailed. The scofflaw, who asked to remain anonymous, was shocked to find that he was being ticketed for what the cop perceived as sending a text message. But he wasn't texting, ociffer!

The driver says he was stopped at a red light near the Holland Tunnel around 8:30 a.m. today when he reached down to check the time remaining on a podcast playing on his iPhone. That's when the trouble started:

My iPhone was connected to the car speakers via the tapedeck. (I know, "tapedeck?!" But it's awesome for listening to the iPod—except when you get tickets.) The light changed to green, the traffic inched forward and I put down the phone on the seat next to me. Next thing I know, there's a cop rapping on the window motioning for me to pull over. I pulled over, rolled down the window and asked him what the problem was. He said, "It looked like you were texting back there." I replied that the phone was connected to the speakers, showing him the cord and that i was checking the time remaining.

Why are we not surprised the "podcast defense" didn't carry much weight with the traffic cop? Our source got a ticket for $130, but the officer said he was free to contest the ticket. "He then went up to another car knocked on the window and pulled that one over."

In August, Governor Paterson signed a bill that bans texting and using other electronic devices while driving, but according to this website, the law (read it here!) does not go into effect until November. Nevertheless, for the rest of the day you'll want to avoid touching any portable electronic device while driving, and concentrate on the totally boring road.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on October 22, 2009 3:27 PM

Comments [rss]

dgeee

Using a cell phone while driving should be a $1000.00 fine and 4 points.

Bike Rider

i've worried about this very thing before when i glance at my phone to check the time. i dont wear a watch or have a clock on my dash.

Spirit of 76

Now if only Albany (or better yet, the Federal government) could pass a law banning driving while stupid. They'd be able to empty the streets with that.

CR

I believe the NYPD would refer to an iPhone as a "marshmellowphone," no?

Bike Rider

or a yPhone, y for yuppie

jaycjay

"according to this website"

Of course some website listing laws in various places may or may not be right. But the information is in the "read it here" link you posted: Section 14 specifies that Sections 4 and 12 take effect on November 1, 2009. Those are the ones dealing with electronic devices; Section 12 allowing localities to put in place more stringent restrictions than those in 4. Section 11 specifies that local laws on the subject which are less strict remain enforceable until November 1 when the statewide law takes over.

So as long as you're not in a municipality that has itself put restrictions on using electronic devices while driving, you can do so legally in NYS until November 1.

As far as I know there's nothing in NYC local law that would be applicable. It'd be interesting to see what's on that guy's ticket, but I'd bet it's just for using a non-handsfree cell phone -- which would mean it isn't applicable if he was just playing music on it.

foodofthefuture

yeah, the cop specifically wrote "driver on cellphone (texting)" good thing the law is not in effect until nov. 1st.

Mr. Shankly

Get your head out of your ass and put your phone there instead.

NannyState

The NYPD will happily do that for you.

hotstepper

but keeping it on vibrate i assume.

Potty Boy

"the NYPD has been doing this crazy thing whereby they enforce the law,..." LMAO

Mr Mel

When was the last time you saw a cop issuing a traffic ticket?

imadick

yeah, except thank god they don't give out jaywalking tickets.

the guy was stopped at a red light -- what's so bad about changing music while stopped at a light?