NY ham ticketed for talking on his radio

I hope the ARRL Law department gets involved in this one .


I was fined back in 1993 for wearing the vox head set with the single ear peice the cop said it was stereo head phones I showed the Judge the radio and head set and websters definition of stereo the Judge said $150.00 or 30 days stereo head phones are against the law while driving so I paid the fine .It was like talking to a wall !!!!!

 

Not much you can do, except appeal on 'technical' grounds, where there's an obvious flaw in the case. But you still have to pay the fine first, and then pay for the appeals, and pay and pay and pay...

Unless you were in a state like RI which allegedly specifically mentions headphones that cover both ears.

 

Woa, wait a minute. You and the other fellow are "Bicyclists", not bikers.

 

It killed all 13 Americans. Muslim bigotry did.

Sir,
Because I do not believe in multi-culturalism, does not make me a bigot. I simply believe that we are all free to believe as we choose, but society starts treating one group more gently that it does others, then we have a case of political correctness run amuck, and that endangers everyone. The killings of brave men and women at Fort Hood, who protect that freedom to believe as one chooses, is a sad way to make the point that we must not allow political correctness stop us from doing what is right for society as a whole.
I believe in a unique American culture, and those who wish to live here, ought to assimilate to OUR culture, rather than trying to force their culture upon us. If they wish to practice their cultural norms, here, they are free to do so, as long as it does not interfere with the unique American culture.

And, to answer your question, bigotry against the American culture, by a radical Muslim, killed 13, at Fort Hood.

 

Wow, Rick, I don't know where exactly you live, but that judge sounds like something straight out of Rambo...or a Jimmy Cagney movie! Talk about uneducated!!
But seriously, you took the post right off my fingertips, re: the ear piece. Cell phones with Blue tooth or other hands-free devices were excluded when CA enacted its cell phone law a few years ago. I'd purchased the ear piece with boom mic attachment with my HT, but hadn't used it. Then the law took effect and I decided to try it and (hopefully) avoid any misunderstandings with the law. Now I won't op without it...real handy; I can hear over the noise and I can keep both hands on the wheel.
I'm a supporter of cops, especially here in San Diego where our mayor and city council seem to be doing all they can to gut the force, and morale is so low you'd have to scrape it off the sole of your shoe to find it. But I do believe that, in a case like this one, the ticketing officer should be required to pay for time lost from work as well as any court and attorney's fees once this is thrown out of court.
Good luck, Steve and Very 73...Joe

 

If I were the cops, I'd interpret that statute to mean the ham radio operator is free to operate a receiver on frequencies exclusively allocated by the FCC to duly licensed radio amateurs - to wit: Ham Bands! Not police frequencies.

It would be up to the judge!

 

UGV said.....

LEO's can also drive across medians in highways. Do you intend on doing that as well? (Yes, I have done that in an emergency... fortunately my 4X4 pickup will negotiate that better than any Crown Vic or Impala...... I've also stopped to help officers clear debris from the roadway, and I've also pulled a police vehicle out of the snow ...and not for profit either.... its called being a good citizen....)

LEO's can also speed. Do you intend on doing that as well? (Remember to slap yourself next time you find yourself 5 mph over on the interstate...... I dont drive like a jackass but I also find it safer to keep up with traffic..... especially when you are already 5 over and everyone including the LEOs are cruising right past you, no lights, no siren........)

LEO's, EMT's, Fire, have reasons to be able to break the law. You, really don't.
(I'm not a whacker..... I have no lights, sirens, etc., and no reason or desire to have them anyway....... LEO's/Fire/Paramedics have the right of way and are entrusted to use it responsibly... henceforth lights and sirens.... I have absolutely no problem with that....but beyond that the police are there to ENFORCE law, not BREAK it........ and they are not exempt from it beyond those emergency situations........ for which the lights and sirens are there to let others know they are coming through..... I dont know about you but I get tired of all all the "California stops" I watch them do knowing that I would get pulled over and possibly fined if I were to do it..... when people watch a cop get away with breaking laws, how do you expect them to have respect for the law?)


I am not a "cop hater", I am a supporter. I have family (and friends) in law enforcement.... and it is one of the most thankless jobs there are, and one of the lowest paid for what they have to endure from all the trash they have to deal with..but a bad cop gets no respect from anyone....... for that matter especially his colleauges.......

 

http://www.youtube.com/watch?v=eqNBfrEbvNc

WB2IQU Interview on Youtube.

 

if you use firefox and downloadhelper you can pull the actual video from the site.

 

Hmm doesn't seem to work with Adobe Flash player.

https://addons.mozilla.org/en-US/firefox/addon/3006/

 

Unfortunately we got off the subject of cell phones which was the original post not police frequency receiving devices. LIKE IT OR NOT, the way the CELL PHONE ban law is written it exculdes ham radio HT devices. By virtue of the way the law is actually written, it excludes ham radio HT devices even though it does not specifically state anything about ham radio. The law is clear about the device needing to be hooked to a Land Line phone system which in turn automatically excludes ham radio HT's CB HT's and GMRS HT's and business band HT's or any hand held device NOT connected to Land Line phone wires. SO the person who received a ticket for using a Ham HT should win his case in court. This is not to say that it may be eqaully as dangerous to operate the ham HT as it is a cell phone, but regardless it is not illegal under the law. For those who beleive that it is and that the guy should get a ticket just the same FINE, but it is not an infraction of the law.

 

Has he gone to court yet? Has there been any follow-up on this story?

 

Anything on the outcome of this?

Anyone heard anything?

 

So what happened in court?

Did he lose and that why we not hearing an update?

We are dying to know!

 

Still no update?