Drivers who text or talk on their cell phones in the state of New York can be given a ticket for a moving violation. Cell phone violations are taken extremely seriously in New York. In fact, a motorist who is cited for a cell phone violation could potentially get more points on his or her license than for almost all other moving violations, except for speeding in excess of 21 miles per hour over the speed limit.
Cell phone tickets carry serious penalties because driving while distracted is considered to be so dangerous. Motorists who drive while texting or talking on the phone can also be held responsible if they cause an accident while engaged in these behaviors and can sometimes face very serious criminal charges.
Because of the severity of the consequences associated with a cell phone violation, it is vital that you take action quickly if you are accused of driving while using your phone or accused of driving while making use of any electronic device. New York traffic ticket lawyers can provide you with information on what your rights are when you’ve been accused of using electronics behind-the-wheel and can help you to understand the possible penalties that you could be facing.
An experienced attorney can also help you to decide on the best course of action for responding when you’ve been accused of violating the state’s laws on distracted driving. You may be able to fight the ticket and avoid the serious penalties that go along with being found guilty of using electronics while driving. Simon Kabzan, Esq could also potentially help you to reduce the penalties associated with this traffic offense.
Call NY Traffic Firm today to find out what you should do in response to your cell phone ticket so an experienced member of our legal team can help you to fight to protect your license.
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
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New York law forbids talking on a handheld cell phone while driving, and forbids texting while driving. It also restricts you from the unsafe use of other electronic devices while you are behind the wheel.
New York has two different sections of its Vehicle and Traffic Law code which relate to the use of cell phones and electronic dvices. NY Vehicle and Traffic Law section 1225-c establishes prohibitions related to the use of mobile telephones while driving. NY Vehicle and Traffic Law section 1225-d establishes prohibitions related to the use of portable electronic devices.
According to 1225-c, mobile phones refer to any device used to access wireless phone service, and wireless phone service means any two-way real-time voice communication connected to a telephone network. Hand-held mobile phones are phones using at least one hand, while hands-free mobile phones are phones that do not require you to use your hands at all. A phone cannot be hands-free if you have to press more than a single button to answer or to dial the phone.
Drivers are prohibited from using any type of handheld mobile phone to engage in a call while a vehicle is in motion on any road in New York. Commercial drivers are also prohibited from using a mobile phone to engage in a call while temporarily stationary, but are allowed to engage in calls if they are stopped on the side of the road in a place where they are otherwise permitted to be stopped.
If a motorist is holding a mobile phone in the immediate proximity of his or her ear while the vehicle is in motion, that motorist is considered to be engaging in a call in violation of section 1225-c. Violating this traffic law is a traffic infraction punishable by fines and penalties that grow progressively more serious for repeated violations.
Section 1225-d extends the prohibition against distracted driving so it does not apply only to cell phones, but so it also applies to the use of other portable electronic devices. No driver is allowed to operate a motor vehicle while using a portable electronic device as the car is in motion. Portable electronic devices include phones, laptops, hand-held digital assistants, pagers, two-way messaging devices, broadband personal communication devices, electronic games, or any other electronic device that involves inputting, reading, writing, sending, or receiving text. This could potentially include a GPS device that a motorist types an address into while driving.
New York imposes substantial penalties for violating laws on the use of cell phones or personal electronic devices while driving. According to Vehicle and Traffic Law section 1225-c, violating the prohibition against handheld cell phone use can result in a fine of $50 to $200 for a first conviction. A second violation within an 18-month period can result in a fine between $50 and $250 and a third or subsequent violation within an 18-month period can result in a fine up to $450.
The fine is only the beginning of the serious penalties that can result from getting a ticket for using a cell phone while driving. A motorist who is found guilty of violating laws against handheld phone use while driving could get five points on his or her license. This is more points than any other moving violation, except for traveling more than 20 miles in excess of the speed limit. A motorist who gets 11 points on his license over an 18-month period can have his license suspended, so five points is a substantial amount of points that could quickly put your license in jeopardy.
High auto insurance costs, and a black mark on your driving record are also other possible penalties for phone use.
NY traffic lattorney Simon Kabzan has provided representation to many motorists who have been accused of violating laws prohibiting the use of handheld cell phones or other electronic devices. We can help you to fight the ticket or to try to reach a deal where your penalties are reduced in exchange for admitting guilt.
To find out more about the ways in which our legal team can assist you if you’ve been ticketed for using a cell phone while driving, give us a call today.
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