If you received a New York State cell phone or electronic device ticket under NY VTL 1225 don’t pay it, because there is a good chance that you are innocent. The law only prohibits certain behavior while engaging with your cell phone or electronic device. Other behavior is permitted.
First off, “hands free” is not really hands free. What is prohibited is “use” of a cell phone to engage in a call. Use has a very particular meaning. Under the statute, one is using a cell phone if it is “at or in the immediate proximity of an ear.” In other words, you can hold a phone and utilize it on the speaker and not be in violation of the law.
As for prohibited texting or electronic device use, the prohibited conduct is holding the device “in a conspicuous manner,” whatever that means. It seems to mean that if the cop thinks you were texting he has a case.
In addition, unless you are in a commercial vehicle, the vehicle must be in motion for the statute to apply. In other words, you can call and text away while stationary in traffic, at a light, or at a stop sign.
Just because the cop gave you a ticket DOES NOT mean you violated the law. There are many defense to a cell phone / electronic device ticket.
Don’t just plead guilty because you were given a ticket! You CAN fight city hall!
Cell phone tickets are 5 points. This puts them on par with reckless driving and passing a stopped school bus.
Don’t just roll over and plead guilty! That is the worse thing you can do.
You get no benefits whatsoever by pleading guilty. None at all. You get the worse possible outcome by pleading guilty.
You can retain our office to represent you. The first thing we do is get your personal court appearance waived so that you do not have to take off time from work for court appearance.
Then, we execute on all of your legal and procedural rights, totally preparing your case for trial. With the leverage we glean by preparing your case for trial we then negotiate a PLEA BARGAIN to avoid a trial.
A PLEA BARGAIN is a negotiation between us and the prosecutor to plead you guilty to a lesser charge; i.e., you are charged with a 5 point cell phone ticket, and we get you a negotiated plea conviction of a 0 point parking ticket. While you still pay a fine the conviction has no impact on your driving record or insurance rates.
If for one reason or another we cannot negotiate a plea bargain we will then take your case to trial and try to get it dismissed.
If you received a cell phone ticket, electronic device ticket, or any other moving violation we know that you may have questions or concerns. If that is the case, stop what you are doing and call us now. We answer the phone 24 / 7 and answer client’s questions about their tickets all day, and we’d love to answer any questions that you may have!