MATTER OF CLARK v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

522868.

151 A.D.3d 1410 (2017)

2017 NY Slip Op 05133

54 N.Y.S.3d 338

In the Matter of DANIEL W. CLARK, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 22, 2017.


Petitioner was issued a summons for operating a motor vehicle while using a portable electronic device in violation of Vehicle and Traffic Law § 1225-d after a police officer observed him driving while holding a global positioning system (hereinafter GPS) device in his right hand. Petitioner pleaded not guilty to the charge and, following...

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