Hi Everyone,
I really hope everyone is doing O.K.
I have not been on the air as frequently due to a busy schedule however I just wanted to let you all know that on Wed Dec 7th is my hearing for the ticket I recieved while using my mobile radio in the car. I will follow up with all te details of the preparation and outcome.

I appreciate all the advice exchanged between all of us throughout the repeater in the the past months and I assure you I am and will be prepared that day.

Take care guys, I'll keep you posted.

Joey W2JLH
www.joeyhernandez.com

thanks for giving out your website joe take care and be well joe you and your family okay from jimmy nascarfan24 the scanner listener

Good luck Joey -
I know you're well prepared and have a thoughtful strategy. I hope for all of us, but right now mostly for you, that you are vindicated tomorrow.

Guilty Guilty!

I am so angry I feel violated and I feel every Amateur Radio Operator recieved a ticket today.

The officer swore in and explained that "he saw me using a cellphone, pulled me over and explained that I cannot use a cell phone while driving". The judge asked If I wanted to speak I said " Your honor, after the officer stoped and explained that he was going to give me a ticket for "cell phone in use" I told the officer that this was not a cell phone it is an amateur radio" I explained to the judge that I was a licensed amateur radio operator and handed him my original license and also pointed out that my lisence plate was an amateur radio license plate. I also presented a written letter notorized from KC2CBA Tom Golero which was notorized and explained that at the time of the ticket I was talking to him on amateur radio like we do every morning.

The judge did not buy it and I told him, "your honor with all do respect NYV TRAFFIC LAW TITLE 7 ARTICLE 33 1225C (B) DEFINES A "MOBILE TELEPHONE AS ONE CONNECTED TO A PUBLIC SWITCH". Amateur radio is not connected to a public switch its Radio to Radio.

Then he opened his law book read it and still was in doubt. He asked me to describe the radio and how I was using it and I described the Mobile radio and made it clear that it was a microphone with a cord held in front of my mouth. THAT WAS ENOUGHT FOR HIM TO HEAR AND HE SAID I WAS GUILTY because I held it in close proximaty to my ear.

Bullcrap! We all got a ticket today. WE ALL GOT A TICKET TODAY.

I will apeal. I contacted George Tranos ARRL Section Manager NYC/LI and informed him. Unfortunatelly he was not there so I left a message and my number.

I might need all the help I can get for this guys.

Lets Make Noise!
Joe W2JLH

You have every right to be flaming mad!! There is a LAW, and someone in the legistlature apparently took great pains to define what a cell phone was. If the law were intended to apply to ALL means of communications from a vehicle then it would have simply stated so.

I agree Joey, every licensed amatuer radio operator was deemed guilty for transmitting while operating mobile as a result of this decision.

I'm 100% behind whatever needs to be done to try to right this wrong!!

I had better not catch a cop talking on his mobile radio if I visit your area, I'll make a citizens arrest.

kv2e wrote (View Post): › You have every right to be flaming mad!! There is a LAW, and someone in the legistlature apparently took great pains to define what a cell phone was. If the law were intended to apply to ALL means of communications from a vehicle then it would have simply stated so. I agree Joey, every licensed amatuer radio operator was deemed guilty for transmitting while operating mobile as a result of this decision. I'm 100% behind whatever needs to be done to try to right this wrong!!

On the repeater today, we had a conversation with a ham who also received a ticket. (I apologize that I do not recall his callsign.)
He was cited for using a cell phone. It happens that he was using a mobile radio with a corded microphone. He explained this to the officer but still received a ticket. However, he felt it was important that he had the officer write on the ticket that he was using Amateur Radio equipment. This is important. If you cannot get the officer to state that, I would try to have him state the model number of the equipment you are using. Then it can be sorted out in court. Unfortunately, this was not the case for Joey.

joey- do you have a cell phone? If so bring down the records for that month , day, and time. This may clear up the non-use of the cell phone. I am not sure if this can be brought up as new evidence. Maybe as a clarification for using your radio and not your cell phone.
Let us all know when and where you will be going to court. What pct. was this in and what is the officers name? Lets let it be known that those who take a Conswtitutional Oath to protect us
dosen't know the Law to protect us. So how can they protect us. This goes for the Judge also whom seems to be legislating from the bench. You got it - Mark Ralin

Joey,
Sorry to hear that you are going though this trouble. Important to appeal this and gain the help of the ARRL if necesssary. When there are cases like this on the books, as you know, we will eventually lose our ability to operate mobile without a "hands-free" device. The fact that the judge believed that the mike was also functioning as a speaker, and that it was "close to the ear" demonstrates he did not understand what a ham radio is and how it works.

Best and 73's
Vinnie

Here is the law. Have fun interpretating it. Do we have a lawyer among us?
New York State Vehicle And Traffic Laws Title 7 Article 33 "Miscellaneous Rules". Section 1225C, which is the provision covering the use of mobile telephones.

The operative word you will see is telephone.


VAT Title 7 Article 33

§ 1225-c. Use of mobile telephones. 1. For purposes of this section,
the following terms shall mean:
(a) "Mobile telephone" shall mean the device used by subscribers and
other users of wireless telephone service to access such service.
(b) "Wireless telephone service" shall mean two-way real time voice
telecommunications service that is interconnected to a public switched
telephone network and is provided by a commercial mobile 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.

Here is the places I have posted to about this, and the reponses from the ham radio community:

QRZ: http://www.qrz.com/ib-bin/ikonboard.cgi?s=a4663f9623db3148c169eb08d15862d6;act=ST;f=7;t=108665

Hamforum.com: http://www.hamforum.com/viewtopic.php?t=3734

eham.net: http://www.eham.net/forums/Misc/3801

That judge did NOT do his homework. Its his job to make that decision based on the facts presented, the law is fact and goes into great detail as to what a mobile phone is, nothing in that law could ever be mistaken for including amateur radio. If I were you I would appeal, then if the option is available I would sue for damages.

Woah, that sucks! You gotta definitely call the ARRL. Maybe an attorney from ARRL can help prepare a legal brief for your appeal.

Please let us know what George Tranos says. Also call Frank Fallon, N2FF. Frank is the ARRL Hudson Division Director. He is higher on the ARRL totem pole than George. Frank gave a talk at the last HOSARC meeting, espousing the benefits of ARRL membership!

Also, I suggest you order the transcript from the court proceeding. That is very important in the formation of a comprehensive appeal.

Felix - K2KHV

Joey -
I have posted information on your dilemma (as well as a link to this thread) on Hamsexy.com. We are 100% behind you in your fight, and we will be more than happy to help you in any manner you require.

As someone who visits and uses ham radio in New York Sate quite often,I understand the urgency and need to get this addressed.

Best of luck brother!

Bryan VE3HBD
Webmaster, Hamsexy.com

I'm guessing you got the ticket in New York City, and was heard in a Traffic Violations Bureau. If so, you were heard by an employee of DMV, not a "judge" as same is normally understood.

TVB is not a good place for the motorist. As one who knows, every case is tried, and every one win/lose, no deals, ever.

File the appeal. You will win eventually, even if you end up in Civil Court.