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.