Troy, NY - Ham ticket dismissed

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DaveNF2G

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As you might recall from earlier threads, Steve Bozak, WB2IQU, received a ticket from a Troy, NY, police officer with little current traffic enforcement experience for violating New York's ban on mobile cellphone use without a hands-free device.

The ticket has been dismissed finally.

The judge got it right - and wrong.

Right in that a ham using an amateur transceiver never should have been charged in the first place.

Wrong in that the judge used the federal definition of Citizens Band to justify his decision.

:roll:


People v. Bozak, --- N.Y.S.2d ----, 2010 WL 3490031 (N.Y.City Ct.), 2010 N.Y. Slip Op. 20361
 

texasemt13

CenTex DBA
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So if the judge cites the wrong statutes is it a victory at all? I mean it's definitely a "win" for the operator but in no way will this case be able to hold "precedence" when scrutinized further by the next judge who will have to prosecute a similar case.

Victory?!

It might not be a bad idea to have ARRL clear it up for him...

Congrats to Steve for hanging in there and not just paying it to avoid hassles.
 
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