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/

A common attitude I see is that a cell phone ticket just isn’t a very big deal. This could not be any more false. Cell phone tickets carry serious penalties, and to win your case, you have to navigate a very formal legal process. These tickets are beatable, but you’ll need the guidance of an experienced attorney.

NEW YORK’S CELL PHONE TICKET LAWS

New York has two different cell phone ticket laws. Section twelve-twenty-five “c” covers talking on a cell phone while driving. Section twelve-twenty-five “d” covers other portable electronic devices. This includes using your phone for things other than phone calls and using other devices, like an iPad or handheld GPS.

OPTIONS WHEN FIGHTING A CELL PHONE TICKET

When it comes to fighting a cell phone ticket, you have a few options. Your first option is to take your ticket to trial and try to convince the judge you’re not guilty. At trial, the police officer that ticketed you will say what led them to give you the ticket and present any relevant evidence. Then, you will have the opportunity to ask questions of the police officer and give your side of the story. There are many defenses that you can use to convince the court that you’re not guilty. For example, one part of the cell phone ticket law says that if the police officer establishes that they saw you holding your cell phone to your ear while driving, the court will presume you were talking on the phone. However, your attorney can change the court’s mind by presenting evidence, like phone records, to prove you weren’t engaged in a call when the officer claims they saw you holding your phone to your ear. If you weren’t engaged in a call, you didn’t violate the law.

Another option is for your attorney to ask the court to dismiss your case. This can happen if the officer makes a mistake, like not providing enough information on the ticket. For example, in the case People versus Delprete, a man’s electronic device ticket was dismissed because the officer’s document laying out the facts of the case only had a description of the offense written in shorthand. A knowledgeable attorney will catch these types of mistakes and capitalize on them. 

Your final option is for your attorney to try to negotiate your ticket down to a lower offense. This option is available as long as your ticket wasn’t issued in New York City. If your ticket is reduced, you will still be punished, but your penalties will be more lenient.

Cell phone tickets are high stakes and winning these cases is complicated. But you don’t have to go it alone. Contact us for a free, no-obligation consultation. At Rosenblum Law, we combine our legal knowledge with decades of courtroom experience to help our clients successfully fight their cell phone tickets. 

Every year, nearly twenty thousand Canadian drivers receive traffic tickets in New York State. Despite being issued in another country, a New York traffic ticket can have a serious impact on your license. Thankfully, the worst consequences can be avoided by hiring a New York traffic ticket attorney to fight the underlying charges. 

It’s tempting for Canadian motorists to simply plead guilty and mail in their payment. It may seem impossible to fight a ticket while living outside the country where the hearing is to be held. But paying a New York speeding ticket without fighting is a big mistake whether you are a resident of Ontario, Quebec, or Brooklyn, New York.

SHARED DRIVER INFORMATION

The U.S. and Canadian legal systems are very different. However, the provinces of Ontario and Quebec have agreements in place to share driver information with New York State, and vice versa. This shared information includes the name of the driver who was ticketed, where the ticket was issued, and when the incident happened. Once this information is communicated, the respective motor vehicle authority will be able to assess points against your driving record.

That means you cannot ignore a New York traffic ticket just because you live in Canada!

QUEBEC AND ONTARIO DRIVERS WITH NEW YORK TICKETS

When the Société de l’assurance automobile du Quebec (the SAAQ) or Ontario Ministry of Transportation (the OMT) receives information about a New York traffic ticket, it treats the offense as though it happened in Quebec. For example, a Quebecois who is convicted of texting while driving will receive five demerit points on his/her license. Similarly, an Ontario driver who pays a speeding ticket for going twenty miles per hour over the limit, which is equivalent to thirty-two kilometers per hour, will end up with four points on the license.

It’s important to know that it only takes 15 demerit points on your license before you lose your driving privileges in Quebec or Ontario. In addition, because the offense will appear on your Canadian driving record, it almost certainly will increase your auto insurance rates, just as points on a New York or New Jersey driver’s license will likely increase auto insurance costs.

NEW YORK POINTS STILL COUNT AGAINST CANADIANS

Canadian drivers should also be aware that New York’s point system, while different from Ontario and Quebec’s, also counts against drivers. Each time a driver is convicted of a New York ticket, regardless of where they are from, the state keeps a record for that driver and assesses points using its own point system. At six points, a driver will be charged a Driver Responsibility Assessment fee, which costs one hundred dollars per year for three years. This is in addition to the fine for the ticket or tickets. Even worse, when a driver reaches 11 points worth of offenses under the New York system, their right to drive in New York State will be suspended!

LOSING YOUR DRIVING PRIVILEGES IN NEW YORK

New York does not have the authority to suspend a license in Canada, but it can suspend the right to drive within the state regardless of where a license was issued. However, since Quebec and Ontario have reciprocity with New York, the suspension will still appear on the driving record and affect your insurance rates. 

There are several ways to have a license suspended in New York. The first is if you accrue eleven points for more within eighteen months based on the New York point system. This can happen if you are found guilty of speeding forty-one miles over the limit or get convicted twice for speeding twenty-five miles over the limit. A second way is if you fail to pay a New York traffic ticket. Third, you can have a license suspended if convicted of a serious driving offense, such as a hit-and-run, drunk driving, or driving without auto insurance.

HIRING A NEW YORK ATTORNEY

A Canadian driver may feel helpless to fight a New York traffic ticket. Not only is the legal system very different, but it’s far from convenient to cross an international border just to appear in court.

If you are a Canadian who has been ticketed for a driving offense in New York, call our offices of Rosenblum Law today. You may not have to return to the state at all because New York allows attorneys to appear in lieu of the driver.  We can also fight to have the ticket dismissed, or negotiate it down to a lesser offense with lesser penalties, and less of a chance of impacting your Canadian license.

Speeding tickets are one of the most common legal problems people have, but that’s no reason to take them lightly. Speeding tickets can come with steep fines and trigger increases to your car insurance premiums. New York City has some of the toughest speeding laws in the state, so if you get a ticket there, you’ll need an experienced New York City traffic attorney to help you.

WHAT ARE THE PENALTIES FOR SPEEDING IN NEW YORK CITY?

The exact fine for speeding varies based on how far over the speed limit a driver was going. In addition, every ticket comes with an eighty-eight dollar surcharge, points on your license, and an extra fine of at least three hundred dollars if you end up with more than six points on your license after the ticket.

The fine for driving one to ten miles per hour over the limit starts at one hundred thirty-three dollars and will add three points on your license. Speeding eleven to twenty miles per hour over the limit will cost you a minimum of one hundred seventy-eight dollars and four points, twenty-one to thirty miles per hour over the speed limit will result in a fine of at least four hundred seventy-eight dollars and six points on your license. 

If you hit thirty-one to forty miles per hour over the limit, your fine will start at seven hundred eighteen dollars and result in eight points on your driver’s license, and driving forty-one miles per hour over the limit can lead to fines of up to one thousand, three hundred sixty-three dollars and eleven points on your license.

There’s also another, hidden cost to getting a speeding ticket: it will likely increase your car insurance premiums. One study found that speeding tickets can cause up to a 33% increase in New York City drivers’ car insurance premiums, which adds up to hundreds of dollars per year.

As you can see, the consequences for a speeding ticket can be very costly, so fighting it in court is worth the effort.

HOW DO I BEAT A SPEEDING TICKET IN NEW YORK CITY?

It’s harder to beat a speeding ticket in New York City than in most places. The city has a special court, the Traffic Violations Bureau, or TVB, that handles speeding cases. The TVB has stricter rules than most courts. It doesn’t allow plea bargains, it doesn’t require proof of guilt beyond a reasonable doubt, it limits the kind of evidence a driver can demand access to before the trial, and it allows the police to admit hearsay at the scene.

All of this means that speeding tickets can have a very low rate of acquittal in New York City. But our experienced attorneys have a dismissal rate of over fifty percent. A traffic attorney who knows the rules of the TVB can sometimes poke holes in an officer’s story and get the ticket thrown out.

WHAT SHOULD I DO IF I GET A SPEEDING TICKET IN NEW YORK CITY?

If you get a speeding ticket in New York City, contact Rosenblum Law for a free consultation today. The city requires drivers to respond to tickets in fifteen days, so there’s no time to delay. We’ll answer your questions, provide you a fee quote so you know how much representation will cost, and walk you through the process from beginning to end.

One of the less known but still common traffic offenses in New York is violation of the Move Over Law. New York law requires drivers to slow down and switch lanes, if possible, when an emergency vehicle is stopped in the next lane over. Like any other traffic ticket, these tickets will result in fines, points on your driver’s license, and increased car insurance premiums, so it’s a good idea to hire a lawyer to fight the ticket in court.

WHAT IS THE MOVE OVER LAW?

Drivers are required to slow down and, if possible, switch lanes when there is an emergency vehicle stopped in the next lane. Unless it would be unsafe or impossible to do so, drivers are required to leave an empty lane between themselves and the stopped emergency vehicle. Emergency vehicles include police cars, ambulances, fire trucks, tow trucks, and any other vehicle with amber lights.

Failing to move over for a stopped emergency vehicle is a moving violation that comes with a one hundred fifty dollar fine for a first offense, two points on your driver’s license, and an eighty-eight dollar surcharge. A second offense raises the fine to three hundred dollars, and a third offense raises the fine to four hundred fifty dollars. Like any other moving offense in New York, if the ticket results in a driver having six or more points on their license, the driver will also be required to pay an extra fine of at least three hundred dollars.

Finally, like other moving violations, Move Over violations come with a hidden cost in the form of increased car insurance premiums. One study found that a single moving violation can increase your car insurance premiums by up to 20%, which can add up to hundreds or even thousands of dollars over time.

HOW DO YOU BEAT A MOVE OVER TICKET?

There are several defenses we might be able to use to defend you against a Move Over ticket. New York law prohibits drivers from changing lanes if the driver thinks it’s unsafe to do so, so if there was no safe way to move over, that’s a defense. If you couldn’t have moved over without crossing the double yellow line, a court will probably won’t find you guilty of a Move Over violation.

Another defense could be that you didn’t have enough time to move over. For example, if the emergency vehicle was stopped on the other side of a hill and you couldn’t have seen it until you were on top of the hill, it might have been impossible for you to move over to another lane before you passed it.

If you get a ticket for failing to move over for a stopped emergency vehicle, contact Rosenblum Law for a free consultation today. We’ll answer your questions, discuss your defense options, and walk you through the process from beginning to end.

Many people think that it’s safe to ignore a traffic ticket they received in a state where they don’t live. However, this is a mistake; states report traffic tickets to one another, and the consequences of an out of state ticket can follow you home. If you’re an out of state driver and receive a ticket in New York, you should strongly consider hiring an attorney to fight the ticket.

WHAT HAPPENS IF I’M AN OUT-OF-STATE DRIVER AND GET A TICKET IN NEW YORK?

All but six states participate in an agreement called the Driver’s License Compact. That means they share information about traffic violations with one another, and offenses in one state get reported to a person’s home state. If you’re convicted of a traffic offense in New York, it will show up on your home state’s driving record. At the very least, that means your car insurance payments will go up. Your home state might put points on your driver’s license for traffic violations in New York, and if the offense was severe enough, you might even lose your driver’s license.

Even if your state doesn’t participate in the Driver’s License Compact, it still likely has laws about out-of-state traffic convictions. New York reports traffic violations to all other states, even if they aren’t Compact members. For more information, visit traffictickets.com. Regardless of where you live, you can lose your driving privileges in New York for failure to pay a traffic ticket.

WHAT SHOULD I DO IF I GET A TRAFFIC TICKET IN NEW YORK?

If you get a traffic ticket in New York, you should consult with a New York traffic lawyer for help. The consequences of a ticket will almost certainly follow you home, so it’s not a good idea to plead guilty without checking with a lawyer first. The lawyers at Rosenblum Law have a lot of experience with New York traffic law, and we can get you the best outcome possible for your case.