Video Description
A cell phone is one of the world’s greatest distractions. With just a few touches, you can access your emails, text messages, social media, and the list goes on. You know that using your cell phone while behind the wheel is incredibly dangerous. And the State of New York recognizes this as well.
New York’s state law defines two distinct types of cell phone tickets. A section twelve-twenty-five “c” ticket penalizes using a cell phone to engage a phone call while driving. The classic example of this violation is one holding a cell phone to their ear and talking on the phone while driving. The other type of ticket is a section twelve-twenty-five “d” ticket. It is known as an electronic device ticket because it is issued when someone uses a portable electronic device while driving. This includes a range of activities, from texting or using an app to fiddling with a portable GPS.
New York’s commitment to preventing these unsafe practices is reflected in the significant consequences they carry. One convicted of a cell phone violation faces steep penalties in New York, including:
- Fines,
- Surcharges,
- A possible driver responsibility assessment fee,
- Five points on their license, and
- A substantial increase in their auto insurance premium.
Avoiding these penalties will require the expertise of a skilled attorney. Your first option is to take your case to trial. This option is high-reward but also high-risk. If you win, you will be found not guilty and avoid the penalties altogether. But winning is tricky.
Sometimes, there will be clear evidence to prove the driver is not guilty. For example, in the case People versus Ferguson, Mr. Ferguson was ticketed for talking on his cell phone while driving when an officer observed him holding his phone to his left ear. At trial, Ferguson’s attorney produced evidence of his client’s phone records, which showed he was not engaged in a phone call when the officer had observed him. As a result, Ferguson was found not guilty.
Other times, facts are less clear. In these cases, the judge will usually side with the police officer. If you do end up losing in court, the likely result is that you will have to accept the full range of available penalties. So, going to trial is not right for every case. Whether this strategy is right for you should be determined by an attorney after a review of the facts of your case.
If you or or a loved one has been cited with a cell phone ticket, contact Rosenblum Law for a free, no-obligation consultation. Fighting a cell phone ticket in New York is serious business. By hiring a qualified attorney, you give yourself the best shot at avoiding harsh penalties.
Read More: https://traffictickets.com/new-york/traffic-tickets/cell-phone-ticket/
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