Under Section 1225-D, there is a rebuttable presumption that a driver holding such a device in a conspicuous manner while operating a car is using it in violation of the statute. This presumption will make it easier for prosecutors to prove a violation of Section 1225-D.
Section 1225-D reads:
USE OF PORTABLE ELECTRONIC DEVICES.
1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO PERSON SHALL OPERATE A MOTOR VEHICLE
WHILE USING ANY PORTABLE ELECTRONIC DEVICE WHILE SUCH VEHICLE IS IN MOTION.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) “PORTABLE ELECTRONIC DEVICE” SHALL MEAN ANY HAND-HELD MOBILE TELEPHONE, AS DEFINED BY SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS ARTICLE, PERSONAL DIGITAL ASSISTANT (PDA), HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUTER, PAGER, BROAD-BAND PERSONAL COMMUNICATION DEVICE, TWO-WAY MESSAGING DEVICE, ELECTRONIC GAME, OR PORTABLE COMPUTING DEVICE.
(B) “USING” SHALL MEAN HOLDING A PORTABLE ELECTRONIC DEVICE WHILE VIEWING, TAKING OR TRANSMITTING IMAGES, PLAYING GAMES, OR COMPOSING, SENDING, READING, VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING OR RETRIEVING E-MAIL, TEXT MESSAGES, OR OTHER ELECTRONIC DATA.
3. SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO (A) THE USE OF A PORTABLE ELECTRONIC DEVICE FOR THE SOLE PURPOSE OF COMMUNICATING WITH ANY OF THE FOLLOWING REGARDING AN EMERGENCY SITUATION: AN EMERGENCY RESPONSE OPERATOR; A HOSPITAL; A PHYSICIAN’S OFFICE OR HEALTH CLINIC; AN AMBULANCE COMPANY OR CORPS; A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR A POLICE DEPARTMENT, (B) ANY OF THE FOLLOWING PERSONS WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES: A POLICE OFFICER OR PEACE OFFICER; A MEMBER OF A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR THE OPERATOR OF AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ON OF THIS CHAPTER.
4. A PERSON WHO HOLDS A PORTABLE ELECTRONIC DEVICE IN A CONSPICUOUS MANNER WHILE OPERATING A MOTOR VEHICLE IS PRESUMED TO BE USING SUCH DEVICE. THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION IS REBUTTABLE BY EVIDENCE SHOWING THAT THE OPERATOR WAS NOT USING THE DEVICE WITHIN THE MEANING OF THIS SECTION.
5. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZING THE SEIZURE OR FORFEITURE OF A PORTABLE ELECTRONIC DEVICE, UNLESS OTHERWISE PROVIDED BY LAW.
6. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED FIFTY DOLLARS, PROVIDED, HOWEVER, THAT A SUMMONS FOR OPERATING A MOTOR VEHICLE IN VIOLATION OF THIS SECTION SHALL ONLY BE ISSUED WHEN THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PERSON OPERATING SUCH MOTOR VEHICLE HAS COMMITTED A VIOLATION OF THE LAWS OF THIS STATE OTHER THAN A VIOLATION OF THIS SECTION.
