Cell Phone Ticket Lawyer in NY
Ticketed for Talking on a Cell Phone or Texting While Driving?
In 2001, New York was the first state to pass a law banning drivers from using handheld devices while driving. Then, in 2011, the state passed legislature banning the use of any kind of handheld device.
Even the simple act of holding an electronic device in your hand while driving could result in a traffic ticket, since an officer only needs probable cause that you were using the device for any of the purposes below.
Received a cell phone ticket? Present a strong defense by hiring a New York City cell phone ticket attorney. Call Gannes & Musico, LLP at (877) 803-2603 today.
New York’s Cell Phone and Texting Laws
New York's laws on cell phone use while driving are outlined in New York VTL § 1225-c and VTL § 1225-d. These laws prohibit:
- Handheld cell phone use: Using a handheld mobile phone to make calls while driving.
- Texting: Composing, sending, reading, accessing, or transmitting any text-based communication on a handheld device while driving.
- Using devices: Engaging in any other uses of handheld electronic devices, such as browsing the internet, playing games, or using GPS services.
Drivers are allowed to use hands-free devices, such as Bluetooth or other hands-free systems, to make calls or use GPS.
NY Cell Phone Tickets: Points & Fines
In New York, cell phone tickets can result in:
- A fine of up to $150
- 5 points on your driving record
These five points could even contribute to license suspension if you acquire 11 points within the past 18 months. You can fight these charges, however, by hiring a New York City cell phone ticket attorney to defend you and fight your ticket.
With proper defense, you can prove to the court that you were not using your handheld device in any of the ways listed above and could have your case dismissed.
Why Is Texting While Driving Dangerous?
Texting while driving poses a significant danger because it creates a triple-layered distraction for drivers. First, it diverts attention away from the road, causing cognitive distraction. When a driver focuses on composing or reading a text, their mental engagement with the driving task diminishes, reducing reaction times to road hazards.
Second, texting involves manual distraction. A driver must use at least one hand to operate their phone, which limits their ability to control the vehicle effectively. This manual interference can be particularly hazardous in situations requiring sudden maneuvers, such as swerving to avoid a collision or braking abruptly.
Finally, texting creates visual distraction. By looking at a phone screen, drivers remove their eyes from the road, even for a few seconds. In that brief time, a car traveling at highway speeds can cover the length of a football field. This "blind driving" leaves drivers unaware of changes in traffic patterns, pedestrians crossing, or obstacles in their path.
The dangers of texting while driving are underscored by the frequency of serious accidents attributed to this behavior. In legal contexts, individuals found texting while driving may face liability for negligence, especially if their actions result in injury or property damage. Drivers are encouraged to eliminate distractions and remain vigilant behind the wheel to ensure their safety and that of others on the road.
How Do I Fight a Texting While Driving Ticket?
In order to fight a texting while driving ticket, it is recommended to hire a skilled attorney. An attorney can help to give the facts of the case and save you from giving incriminating evidence to a judge.
No matter what kind of traffic violation for which you have received a cell phone ticket, the legal team at Gannes & Musico, LLP could fight for you. Each of our lead attorneys has represented thousands of trial cases and is thoroughly capable of taking your case to court.
Call today to learn exactly what we could do to have your case dismissed! Our firm stands for justice and will stop at nothing to fight your cell phone ticket and prevent you from paying fines or receiving traffic points that you don't deserve.
Both of our lead attorneys have extensive experience in trial cases and could aggressively represent you in the New York courts.
Received a cell phone ticket? Learn more by contacting us online or by consulting with a New York City cell phone ticket lawyer for free at (877) 803-2603.
