With the proliferation of technology and increased use of cell phones and personal electronic devices, distracted driving has become a major issue. While many drivers understand the dangers of distracted driving and make every effort to avoid it, they may encounter situations that place them at risk. If this is the case, you need to seek help from a NYC Cell Phone ticket lawyer immediately.
Distracted driving has caused so much concern that new laws have been enacted to prohibit the use of devices such as cell phones, PEDs Personal Electronic Devices, and tablets while driving. These are some of the strictest laws on the book and can result in expensive fines and even license suspension. If you receive a traffic ticket, you should consult a NYC cell phone ticket attorney as soon as possible to discuss the situation and get advice on how to proceed.
If you are found guilty of a Cell Phone violation, you will be required to pay a fine and surcharges as well as incur points on your license that will affect your driving record for eighteen months. The addition of points to your record will also cause your insurance premiums to increase. While many people simply pay their cell phone tickets and admit guilt, this is not a good idea for several reasons.
As a Cell Phone ticket lawyer, we can help you fight your traffic ticket in court and possibly get the charge dismissed or lowered. One of the best defenses to a cell phone violation is arguing that the officer did not have probable cause for the stop. This can be done by pointing out that the location was not a highway and there were no other vehicles in the vicinity or that you were talking on your phone to report an emergency, or you were communicating with a doctor for a medical appointment or to the police about a criminal matter.
The law on cell phone use while driving in NY is very strict and Section 1225-c deals with voice communication and texting while driving. Section 1225-d discusses the use of all handheld devices while operating a motor vehicle, which includes more than just cell phones and can include MP3 players, cameras, GPS devices, tablet computers, or anything that could transmit data or be used as a recording device. The vehicle must be in motion for the driver to be violating the statute, but even using a handheld device at a stoplight or red light or while stopped at a traffic jam would violate the law.
The best strategy for fighting a cell phone or other device violation is to hire an experienced traffic attorney to appear in court on your behalf and argue the case to the judge. If the traffic attorney can convince the judge that you did not commit a violation then the conviction should be tossed and the fines, fees, and points that go with it should be dropped as well.