Posted on 03/24/2014 7:22:29 AM PDT by PaulCruz2016
Since the court failed to prove that Mr. Dewing was using a cell phone, they went after him for using the electronic cigarette. “The judge asked me if I know what the ‘e’ in e-cigarette means,” said Jason. “I told him it means electronic.” At this point the judge told Mr. Dewing that he was using a portable electronic device which is a violation of New York traffic law 1225-d. Jason, refusing to let the court off that easy, told him that an electronic cigarette was not classified as a portable electronic device under the law. He says, “They were baffled. In fact, they didn't even know the law. The District Attorney had to look it up after I recited it to them. It is ridiculous that I have never been to law school and do not make it a habit of studying the law, yet I had to tell them what their own law was!” Unfortunately for Jason, the law was not known by the court until after they had already found him guilty of violating New York traffic law 1225-d.
There is a bright side to this story for Jason Dewing. “The judge told me that if I would have made them aware of the law before he made his ruling he would have dismissed the ticket, but since he already made his ruling, the only way to overturn it was to go to appeals court.” Jason feels that he has a very good chance of the case being appealed since the law that he was found guilty of breaking does not even exist. “The way the law is written, an e-cigarette cannot make a call nor can it send text or data; therefore, it cannot be a portable electronic device,” said Jason.
(Excerpt) Read more at examiner.com ...
I’ve found it to be a question of how much Justice can I afford? (Both time and money)
What a dumb bunny judge. He should have to go to the appeals hearing and sit there like any non-official person - no electronic devices to amuse himself. On his own time, not the public dime.
My husband was ticketed for cellphone use in NYC - on his court date he successfully argued that he had only been turning off the GPS function as it was giving wrong directions, which was the truth - on that occasion.
See my tagline.
There’s a lot of truth to that - you either pay the fines and the insurance point, or you pay a lawyer to negotiate with the prosecutor, if we’re talking about traffic offenses.
Nonetheless, after paying a lawyer to handle some speeding tickets, my husband has handled them on his own, using the same language, and has generally been successful. Of course I think he should either stop speeding, get a radar detector, or acquire some sixth sense.
After getting a good number of them as a young man and even learning how to beat them...I have adopted all three and have not had a speeding ticket in over 25 years.
“The way the law is written, an e-cigarette cannot make a call nor can it send text or data; therefore, it cannot be a portable electronic device,” said Jason.
So I can drive while playing my classic GameBoy? Awesome!
Neither are some judges.
My watch is electronic, so I guess by this judge’s reckoning, everybody who looks at their watch while driving is committing a crime.
you are right,they should repeal every law passed since 1935.then pass one more law making it against the law to pass any more laws.
How in the world did the DA or the judge ever pass the NYS Bar Exam? Both these two mental midgets should be disbarred and forbidden to practice law anywhere except Venezuela or Cuba.
The other 50% are here in Illinois.
> At least 50% of all idiots must be in some form of government in NY.
And the other 50% is made up of fools and morons.
It seems as though the esteemed DA and virtuous jurist would require that motorists disable their hearing aids and pacemakers while driving.
Yes, I thought there was a way to appeal to the same court.
That would be distracted driving.
But the specific law ought to be respected for where it stops.
This story on electronic smoking and the story on Justina Pelletier show you how far the system has gotten its head up its OWN A$$.
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