Long Island Cell Phone Ticket Attorney
In New York, it is illegal to use a cell phone or any other mobile electronic device while operating a motor vehicle. Given the inherent dangers of distracted driving, a cell phone violation falls under the state’s primary enforcement laws. This means the police can pull you over and issue a ticket even if the officer observes no other traffic violations. Ultimately, using a cell phone or other electronic device while driving is a moving violation that can result in fines, surcharges, and points on your driver’s license which can lead to your license suspended. This is why it is important to work with the right attorneys that specifically handle traffic violations.
AutoTrafficTickets.com has you covered! We regularly dispute cell phone tickets for our clients throughout New York State. If you have been ticketed for using a cell phone or portable electronic device while driving, we know how to fight back and defend your ticket. Our attorneys possess a well-earned reputation for providing our clients with aggressive legal representation, and an unmatched knowledge of the New York State Vehicle and Traffic Law.
Improper Cell Phone Use or holding a Portable Electronic Device While Driving on Long Island
State law prohibits talking on a cell phone, texting while driving, or even holding or using a portable electronic device (i.e. GPS, phone, etc.), or:
- Talking on a Cell Phone While Driving– A driver is prohibited from talking on a hand-held phone while the vehicle is in motion. A cell phone or mobile device can only be used with a hands-free accessory or if it’s attached to a dashboard or other vehicle surface.
- Texting While Driving— A driver is not permitted to compose, send, read, browse, or transmit emails or text messages, view or transmit images or play games on a cell phone while operating a motor vehicle.
- Holding/Using a Portable Electronic Device — A driver is prohibited from holding a portable electronic device, which includes phones, GPS, or any other electronic device while operating a motor vehicle. It doesn’t matter whether or not the driver is actually engaged in a call or “using” the device, or even whether the vehicle is in motion or not. The driver shall not be holding the device while operating the vehicle.
A hand-held cell phone can only be used to report an emergency to 911, the police or fire department, an ambulance company or dispatcher, a hospital, doctor’s office or clinic, but only in the case of an emergency.
Penalties for Cell Phone Violations in Nassau and Suffolk County
Fines for cell phone tickets are as follows:
- First offense — $50 to $150
- Second offense within eighteen months — $50 to $200
- Third and subsequent offenses within eighteen months — $50 to $400
In addition, 5 points will be added to your driver’s license for a minimum of 18 months, which will result in higher insurance premiums.
It is worth noting the consequences of cell phone violations for minors are more severe. For drivers under the age of 21, a first conviction for a cell phone violation may result is a driver’s license or permit suspension for 120 days. A second conviction within 6 months of the license or permit reinstatement can result in a revocation for at least 1 year.
Finally, commercial drivers are also prohibited from using a cell phone while driving, nor are they allowed to use a cell phone while temporarily stopped at a traffic signal. In fact, a commercial driver who merely holds a cell phone close to or in the general vicinity of his or her ear, or who is seen holding a mobile device in a “conspicuous manner,” is presumed to be using the device and can be ticketed by law enforcement.
DON’T SIMPLY PAY THE TICKET! –Potential Defenses Against Cell Phone Tickets
While some drivers may be tempted to pay a cell phone ticket without contesting it, having five points added to your driver’s license can be costly. In addition to higher insurance premiums, concurrent or future traffic violations will add additional points to your license, which exposes you to surcharges as well as a potential license suspension.
Our attorneys know to build a successful defense, which starts with conducting a thorough investigation. We will obtain a copy of the police report to understand the facts, identify and interview any weaknesses, create diagrams of the accident scene and use this evidence at your hearing. The objective is to prove that you were not using your phone or that the arresting officer did not have a sufficient view into your vehicle to issue the cell phone ticket.
Contact A Long Island Cell Phone Ticket Lawyer
Although New York’s cell phone law is aimed at preventing injuries and fatalities caused by distracted driving, innocent drivers are frequently ticketed for talking or texting while driving. Our team of attorneys will help you beat the cell phone ticket, or negotiate a potential plea bargain when possible or prudent. If you have been ticketed for a cell phone violation, we will leverage our legal knowledge and courtroom skills to have the charges dismissed or reduced and work to protect your driving record. If your son or daughter has been issued a cell phone ticket, we can work to preserve his or her driving privileges.
DO NOT PLEAD GUILTY!
DO NOT attempt to fight your cell phone ticket alone!
Call us today or complete the contact form to discuss your options with a Free Consultation