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NY Court Dismisses Traffic Ticket Against Ham Op:
from
leagle.com
on
September 10, 2010
Website:
http://www.leagle.com/unsecure/page.htm?shortname=innyco20100908296
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NY Court Dismisses Traffic Ticket Against Ham Op:
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NY Court Dismisses Traffic Ticket Against Ham Op:
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by KG4RUL on September 10, 2010
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And, OF COURSE, the Government will cheerfully refund ALL of the monies spent for legal counsel, etc.?
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NY Court Dismisses Traffic Ticket Against Ham Op:
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by WN9HJW on September 10, 2010
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[QUOTE] A review of 47 C.F.R.§20.3 reveals that CITIZENS BAND RADIO SERVICE is defined under private mobile radio service not commercial mobile radio service. Therefore, the Court finds that the use of an amateur radio device does not fit the definition of a mobile telephone as defined under the Vehicle and Traffic Law and grants the defendant's motion to dismiss.[/QUOTE]
They got the right answer, but for the wrong reason!
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NY Court Dismisses Traffic Ticket Against Ham Op:
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by AI2IA on September 10, 2010
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Sometimes an activity is lawful, but the practical use of it is impractical.
No ham should give up his lawful right to operate mobile when driving, if there is a genuine need from time to time to do so.
However, for practical purposes of driving safety and alertness, operating while driving should be minimized.
You can always pull off the road and operate mobile to your heart's content, even using a key. Multitasking while driving is never a good idea.
Put it this way, if I make a sudden stop and you are on the radio driving behind me, can you?
Stay alert.
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RE: NY Court Dismisses Traffic Ticket Against Ham Op:
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by WB4TJH on September 11, 2010
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It's nice to see some common sense in the court system, for a change. But I think I would still try and make sure there isn't a cop around while I am on my mobile radio....no sense in waving a red flag in front of a bull, you might say. You might be in the "right", but why create a potential confrontation situation? But common sense while driving and on the radio must take priority.
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NY Court Dismisses Traffic Ticket Against Ham Op:
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by W8AAZ on September 12, 2010
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Oh great, now people are worried about talking on a mobile rig? Watchout for cops before you get on the radio and answer a call? One more nail in the coffin of the already depleted repeaters around here.
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NY Court Dismisses Traffic Ticket Against Ham Op:
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by KD8GTP on September 13, 2010
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I'm curious-say you're driving to work in the morning, talking to friends on the local 2m reapeater and you rear end the back on another drivers car. You are at fault, but could they also go after the owner of the repeater for civil damages? Could the person say that the repeater contributed to the accident because you were using it and not paying attention to driving?
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RE: NY Court Dismisses Traffic Ticket Against Ham Op:
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by KI4SDY on September 14, 2010
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I have never heard of ambulance chasers going back on repeater providers in an accident case, but I wouldn't be giving them any ideas. We have lawyer hams on this site you know.
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