Sup.Ct.App.Div.;
30-2016-00843760

The Appellate Division of the Orange County Superior Court affirmed a judgment. The court held that a driver violated the Basic Speed Law by driving with no hands on the steering wheel.

Tamara Farleigh was driving while holding a cigarette out the window in one hand and a cell phone in her other hand. Farleigh, who was looking down at the screen of her cell phone, was traveling 45 miles per hour approaching a busy intersection with numerous restaurants and shops and with no hands on the steering wheel. The weather was clear. Officer Cory Bates saw Farleigh, pulled her over, and cited her for violating the Basic Speed Law. On the citation, Bates marked “zero” as the safe speed. Farleigh challenged the citation, arguing her speed was below the posted speed limit of 50 miles per hour. At trial, Bates testified that Farleigh's speed was unsafe because she was driving with no hands on the steering wheel.