Judge rules Chapel Hill ban on cell use while driving unconstitutional - WNCN: News, Weather

Judge rules Chapel Hill ban on cell use while driving unconstitutional

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By Dane Huffman

A judge in Hillsborough has ruled Chapel Hill’s ban on cellphone use while driving unconstitutional, according to the Herald-Sun of Durham.

Judge Orlando Hudson ruled on the ban Thursday morning in Orange County Superior Court, the Herald-Sun said.

The cellphone ban was to restrict cellphone use in town limits.

In May, Hudson issued an injunction delaying the implementation of the cellphone ban and a new towing ordinance.

Hudson issued the injunction after reviewing a complaint from George's Towing & Recovery, in which the company argued the new towing ordinance would require the use of a cell phone in company vehicles.

“It would actually restrict our business to where we couldn’t do business,” towing company owner George King said then.

King’s says his towing operation to take illegally parked cars off private property requires constant contact with his drivers, and a cellphone is the only way to accomplish that.

“When the guy’s in the truck, he actually uses that cellphone and if anything were to go wrong, we constantly stay in communication with each other,” said King.

Attorney Karpinos said the town will "have an opportunity to appear at that time and respond at a hearing on a preliminary injunction concerning these matters."

The Chapel Hill Town Council voted in March to ban the use of cell phones while driving and imposed a $125 fine for violators.

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