Touching Your Earpiece Violates Driving-While-Yakking Law?

There are plenty of places that have so-called "hands free" laws, requiring drivers to use a hands free kit with their mobile phone while driving. Leaving aside the debate (and there is a big one) over whether or not using an earpiece instead of holding the phone is any safer, it appears that in some areas, they take the "hands free" part extremely seriously. A man who was using an earpiece while driving, but who was touching the earpiece was fined for violating the law. After all, he was holding the phone piece up to his ear. At least that's what the judge decided in the latest appeal to the fine. The judge noted that the guy "was using a mobile telephone which was hand held," thus violating the wording of the law. The guy in question isn't particularly happy, and is thinking of appealing again.