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Porn Driver Gets 30 Days

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Jun 28, 2004 10:14 AM PDT    Text size: 
SCHENECTADY, N.Y. – Andre Gainey, a Schenectady man who was arrested for watching a porn DVD while driving, has been sentenced to 30 days.

Gainey was arrested in February when he drove past a police station playing porn on three screens. The policeman who first spotted Gainey's Mercedes claimed that he could clearly see porn inside the car from the rear of the vehicle.

Gainey was arrested under a state law that prohibits offensive material from being publicly displayed and made visible to others. He was held without bail on additional charges that included driving with a suspended license and watching a film while driving.

It is currently illegal to have sex in cars, according to police, but there is no law that makes watching porn in moving vehicles unlawful.

"It could've been a family that was behind him," the officer stated in his report. "Someone walking by would have easily seen this because the windows weren't tinted at all."

Gainey pleaded guilty Friday to public display of sexual material. His sentence will be met during the month of August.

Gainey's lawyer said his client had no idea he broke the law.

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