Q: Using iPhone to adjust hearing aid volume
I received a violation for using a cell phone, in White plains,ny, while adjusting the volume on my blue tooth hearing aid. (I was holding the iphone in my hand to do this).
When making calls the iPhone sits on the seat next to me as my hearing aids make the call(s) hands free.
Using a hand free device is explicitly allowed by VTL §1225-c2a and VTL §1225-d does not rescind VTL §1225-c2a.
VTL §1225-d(2). For the purposes of this section, the following terms shall have the following meanings:
(a) "Portable electronic device" shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device, or any other electronic device when used to input, write, send, receive, or read text for present or future communication.
Definition from VTL §1225-(c) are imported to VTL §1225-D.
VTL §1225-c(1)(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....
It is a violation to hold the phone while driving. even though you were not on a call.
You should plead not guilty and request a conference where you will meet with a member of the White Plains Police Department. This is a 5 point violation but should be reduced to 2 points if you have a clean driving record.
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