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Can I Wear An iWatch While Driving?

The issuance of traffic tickets for illegally using a smart phone and other electronic device have exploded over the last few years in New York.  It is a very easy violation to spot and relatively easy one to prove in traffic court.  Further, pursuant to Vehicle and Traffic Law Section 1225-d, this offense carries a hefty punishment (5 points and roughly a $150 fine for a first offense).  With the surge of such moving violations, our law office has gotten all types of interesting questions about the scope of this law including whether an Apple iWatch can be worn and used while driving.  Or, as you’ll see below, the precise question … does “strapped” mean “holding”?

Under VTL Section 1225-d, it is illegal for a person to drive a motor vehicle while “using” and a “portable electronic device”.  While the definition of “using” in my opinion generally covers interactions with an iWatch and an iWatch clearly is a “portable electronic device”, I still believe that you can legally use an iWatch in New York without violating this provision.  I reach this opinion because, under VTL Section 1225-d(2)(b), the driver must be “holding” the device while using it in order to run afoul of the law, and generally people wear this type of device on their wrist.  I view it as a real stretch for a traffic judge to construe the word “hold” as encompassing a device that is strapped to a wrist.  A Google search of the definition of “hold” resulted in the following definition:  “grasp, carry, or support with one’s arms or hands.”   A strapped watch does not fall squarely within this definition.

On the other hand, this question has not been interpreted by any traffic court as far as I could un-cover.  Further, some traffic judges are quite liberal in interpreting traffic safety laws and, therefore, it would not surprise me for a different interpretation to be given by them.  For instance, one could argue that a strapped watch is “supported with one’s arms”.

With this all said, I would not test police officers by using (let alone flaunting) your iWatch while driving.  Further, using such a device is as dangerous, if not more dangerous, then using a smart phone or other un-strapped electronic device.  Therefore, my hope is that you do not use your iWatch or other electronic devices while driving.  Don’t look at them or click on them while driving.  For your safety and the safety of others, put it away while driving.

Below is the full text of New York’s Vehicle and Traffic Law Section 1225-d:

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