Ham radio op given cell phone ticket be careful in NY State

I understand the need for the ham operator to be able to use his device in the event of emergencies, but the reason the cell phone laws were passed was to reduce the number of accidents caused by distracted driving and the amount of distraction is not reduced because the technology is different. I can't believe that there are no hands free options for ham operators and if there aren't, then they should do as any cell phone operator would be expected to do if faced with the need to make a call in an emergency, pull over. The law may suck, the police exemptions definitely suck, but I don't see why the cop should have treated this guy any different, he was bs-ing with his friends on a communications device that was not "hands free" while he was driving.