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Judge overturns Chapel Hill ban on cellphone use

DURHAM, N.C. (AP) – A Superior Court judge has overturned Chapel Hill’s ban on all cellphone use while driving and its regulation of towing companies.

Durham County Judge Orlando Hudson ruled Thursday that the cellphone law was pre-empted by the state legislature, which has already enacted laws regulating the use of cellphones while driving.

The ordinance was to take effect June 1, but Hudson issued a temporary restraining order in May to prevent its enforcement. His latest decision made the temporary order a permanent injunction.

Hudson also issued a permanent injunction against towing regulations the town adopted in February, saying they violated the state constitution.

A local towing company argued that their drivers needed cellphones on the road, and that the requirement to call police before towing a vehicle conflicted with the phone ban.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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