Most people realize that it is illegal to operate a motor vehicle while holding a cell phone. The Third Department Appellate Division issued a decision expanding the law to a GPS device. The court determined that a person holding a hand-held GPS device while driving violated New York State’s Vehicle & Traffic Law §1225-d[2][a] since the device is mobile and receives data to calculate the driver’s geographical location and to communicate directions. The court reviewed the legislative history “to encompass any portable electronic device that diverts a driver’s attention away from the road and prevents he full use of a driver’s hands.” Matter of Clark vs. New York State Dept. of Motor Vehicles, 2017 NY Slip Op 05133 (3rd Dept. June 2017)
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