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HOLDING A GPS DEVICE WHILE DRIVING VIOLATES VEHICLE AND TRAFFIC LAW 1225-D.

The Third Department determined petitioner was properly found guilty of operating a motor vehicle while using a portable electronic device by the appeals board of the Department of Motor Vehicles. Petitioner was driving holding a GPS device:

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We agree with the Appeals Board that a hand-held GPS device meets the statutory definition of a “portable electronic device” inasmuch as it is a “hand-held device with mobile data access” (Vehicle and Traffic Law § 1225-d [2] [a]). In our view, it is mobile and receives data to calculate a driver’s geographical location and to communicate directions. Moreover, a review of the pertinent legislative history regarding Vehicle and Traffic Law § 1225-d demonstrates that the Legislature intended Vehicle and Traffic Law § 1225-d (2) (a) to encompass any portable electronic device that diverts a driver’s attention away from the road and prevents the full use of a driver’s hands … . Thus, we are satisfied that the Appeals Board’s interpretation of Vehicle and Traffic Law § 1225-d (2) (a) as encompassing a hand-held GPS device was rational … .

We also agree that there is ample support for the Appeals Board’s determination that petitioner was using the GPS device. Petitioner concedes that, while he was driving, he was holding the device in his hand and “view[ing] the GPS navigation system to read directions.” Accordingly, we find that the determination was supported by substantial evidence … . Matter of Clark v New York State Dept. of Motor Vehs., 2017 NY Slip Op 05133, 3rd Dept 6-22-17

 

VEHICLE AND TRAFFIC LAW (HOLDING A GPS DEVICE WHILE DRIVING VIOLATES VEHICLE AND TRAFFIC LAW 1225-D)/GPS DEVICE (VEHICLE AND TRAFFIC LAW,  HOLDING A GPS DEVICE WHILE DRIVING VIOLATES VEHICLE AND TRAFFIC LAW 1225-D)

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