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How to Defend a Cell Phone Ticket in New York

A Cell Phone ticket is one of the most common and potentially damaging traffic tickets. If you are found guilty of violating the state’s distracted driving laws, you could be facing a hefty fine and even a license suspension. However, you don’t have to just accept this punishment – with the help of an experienced attorney, you may be able to fight your Cell Phone ticket and get it dismissed.

New York has some of the strictest laws against cellphone use while driving. In fact, according to NYS VTL 1225-c, it is illegal to hold any electronic device in your hand while you are behind the wheel of a vehicle, even if you are not actively using the device. In addition, violating this law can result in five driver violation points being added to your license – which is the highest number of points that can be added to your record.

Despite this, it is still relatively easy for police officers to pull you over and issue you a cell phone ticket. This is because the handheld device law applies to not only mobile phones, but also devices such as GPS systems, MP3 players, and cameras. As long as the officer can see that you are holding a handheld device in your hand, this will be sufficient reason for them to stop you.

The base fine for this violation is $20, but the total cost after all assessments are applied will be significantly higher. You could end up paying over $250 for a single violation. In addition, you will also have to deal with the potential increase of your insurance rates if you receive multiple distracted driving tickets.

Another important aspect of cell phone ticket defense is to prove that you were not actually using your device at the time of the stop. This is where the use of cell phone records can be extremely helpful. These can be used to show that you were not on a call or even connected to the internet at the time of the incident.

There are certain situations where it is legally permissible to hold a handheld device in your hand while driving, including making an emergency call, using the device for navigation, or using voice activation on your device. If you believe that you were in compliance with these exceptions at the time of the stop, you can argue your case in court to have the ticket dismissed.

If you are facing a Cell Phone ticket, contact Stites Law right away for legal assistance. We can help you fight the ticket and save your license, money, and time. Our traffic lawyers are knowledgeable and ready to help. We are available for consultation by phone or online, so contact us today. You can also submit a free and confidential case evaluation form on our website. We will review your ticket and let you know how we can help.

New York Traffic Ticket Lawyers
1 Fordham Plaza
Bronx, NY 10458
(646) 388-4871