Cell Phone Tickets

If you have received a ticket for using your cell phone anywhere in New York, you are at the right place to find help. In most cases, you do not even have to take a day off from work to show up in court.

As Iphones and other smartphones have gained popularity, so have the risks of using them while driving.  Studies show that texting while driving can be as dangerous, if not more dangerous, than drunk driving.  There are even the occasional and tragic stories of people who are texting and driving who get into serious accidents that even lead to fatalities. Whether or not these studies are accurate, one thing is certain; police in Long Island, Queens, Brooklyn, Bronx and Manhattan have become more vigilant in pulling people over and charging them with texting while driving or using an electronic device.  Simply put, a cell phone violation occurs when a driver uses a phone without a hands-free device.  The terms “use”, “electronic device” and “while driving” are all construed liberally meaning that you cannot even hold your device while behind the wheel of a car that is not parked.

If you plead guilty to a Cell Phone Ticket, most likely your insurance premium will increase. Insurance companies use their own criteria to determine your premiums; chances are you will see a rate hike that lasts as long as three years. Additionally, even if you only have one moving violation currently on your license, they may raise your premiums even further. You may find yourself having to spend time shopping for a new auto insurance company. Your rates are still likely to go up considerably, but you may save money by switching insurers. Your valuable time may be better spent fighting the ticket and avoiding increased insurance costs altogether.

Generally in NYS a first time cell phone ticket results in 5 (Five) points which means that this moving violation is now the second most serious in New York State behind speeding. Fines can vary from $50 dollars to $150 dollars for a first time offender. However this is the end of it, as we explained above that your insurance company might raise your rates based on a cell phone ticket. If within 18 months you are found guilty of second cell phone ticket, you may have to pay a fine of up to $200, and on third time around within 18 months fines can be up to $ 400 dollars.

Under NY VTL § 1225(c), an officer is alleging that you were actually “using” a cell phone and engaged in a call at the time of the offense.  “Using” shall mean holding a mobile telephone to, or in the immediate proximity of, the user’s ear.  A VTL 1225(c) ticket is entirely different than a VTL 1225(d) ticket.

Under NY VTL § 1225(d),it doesn’t matter whether you were engaged in a call or not.  If an officer observes you texting, browsing, using your phones navigation, etc, you can be given a VTL 1225(d) ticket.  This ticket is not limited to cell phones but also applies to MP3 players, GPS, cameras, and other hand-held electronic devices.

Many drivers are unsure if it’s really worth hiring an attorney to defend them, as it may seem cheaper and easier to just check the “guilty” box on the ticket and mail it in with the fine.  However, keep in mind the long-term consequences of having points added to your driving history and increased insurance premiums.With one quick phone call, our lawyers can perform a quick cost-benefit analysis to help determine whether it makes sense for you to fight the ticket.  Our goal is to get your cell phone ticket dropped or negotiated down to a non-moving violation so as to have the least possible effect on your driving history.  Even though a non-moving violation will still be assessed a fine, it is still a better option than having points accrue on your driving record.