Nextel 2 way phones and the law

Unknown

reminded me of a question I wanted to ask for a long time - In New York State it is illegal to use a cell phone while driving , unless you have a hands-free device . How does the law apply to using the 2 way radio built into Nextel phones ? In essence it's like using a more sophisticated CB .

Steve Paul

Nextel - is it a radio or a phone?

There are also some towns in New Jersey that prohibit the use of cell phones while operating a motor vehicle. I have often wondered if the use of a 2-way radio is part of this law. The Nextel can be used as a 2- way radio or a cell phone. What is the exact wording of the law? If using a 2- way radio with a hand held microphone is illegal, then when the cop that pulls me over calls in to headquarters on his hand held radio, is he in violation of the same law? Should I issue him a summons? INQUIRING MINDS WANT TO KNOW!

Jim Bennett

Nextel

As I understand it, Nextel two ways can be used legally, as you do not hold it to your ear during convesation.

Jim in NY

Leo

It's like splitting hairs

Having been a police officer prior to this line of work it can be argued both ways. It is a radio so can be argued it is exempt. On the other hand it operates like a cell phone. A cell phone is actually a radio therefore it should be exempt. Each argument is splitting hairs and is a matter of interpetation by the officier issuing the ticket. At some point I bet this issue will be decided in court. The question is, do you want to be the one being part of the test case?

Leo

heatboy

I use the earpiece.......

frm Nextel that has the Direct Connect feature on it. I sit the phone in it's holder and just use the earpiece. Having done both, I seem to become a better driver with the earpiece. I drive and work in New Jersey and it's impossible to tell where you can or can't hold your phone, so I just use the earpiece all of the time. I understand the concerns about lack of attention, but I see so many people on Interstate 78 eating a breakfast sandwhich while doing 80 MPH. Why pick on me?

hb

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Phil_6

I'm on Long Island in NY ...

and I tried that arguement with the friendly policeman writing me a ticket. He was like, "Yeah, right. Nice try. Tell it to the judge..."

Mad Dog

I agree with Phil

I've had cops warn me about the two-way as well - samne thing they say. Mad Dog

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Ken_8

We have found the ultimate headset!

Price is no object and all my guys love it.

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Kal Row

way cool

reminds me of the elaborate pressurized pen the Americans built to write in space, the Russians, faced with the same problem, just used a pencil

LEAD PIPE

Leo

Leo, can you send me an e-mail. I have a question for you and your e-mail is hidden from your post
thanks
John

Matt Undy

Just because a cop is writing a ticket for it doesn't mean its illegal. Of course taking it to court and proving it is another matter. (Not that I took a ticket to court, showed that one condition of the speed limit law was not satisfied, had agreement of the mdgistrate and the cop that that element was not satisfied but still had the ticket upheld.)

Matt

Leo

It is sent

Unknown

Just talked to my sister

She is a 911 dispatcher at police HQ in Nassau County . Told me that driving and talking on the 2 way Nextel is considered the same as talking on a cell phone without hands free equipment .

Unknown

Now that

is funny . There ain't no stoppin' modern technology .

Jim Bennett

Wow!
I wasn't aware! I do remember reading an article in the local paper when the law was proposed saying two ways weren't subject. Guess everyone makes mistakes! From now on I'll use the earpiece!

Jim

BTW, spelling okay? ;-)