A cell phone ticket can be a hefty violation if not handled the right way. Lets first consider what the law says constitutes Use Of Mobile Telephones, VTL § 1225-c.
The Law
A non-commercial driver is in violation of the law when he or she is operating (driving) a vehicle while using a mobile telephone (“cell phone”). The law says a person is considered to be “using” a cell phone when he or she holds the phone to, or in the immediate proximity of, his or her ear while the car is in motion. Basically, a person must 1) be actively driving and 2) have a cell phone either to his ear or near his ear. The only exception to this law is when a person is using his or her phone in an emergency situation like calling the fire department, police, or 911. There are also exceptions for persons who use a cell phone while in the performance of their official duties (i.e. police officer).
What about commercial drivers? They are also bound by this law, but with more stringent requirements.
Penalties
Conviction of a cell phone violation carries 5 points and can cause major car insurance premium increases over the course of years, which translates into major money. Plus, it can trigger a driver responsibility assessment fee if driver already has points on his or her driving record. Not to mention, many courts are cracking down on this violation and are issuing strict sentences for conviction of this violation.
Fines also range, depending on whether the violation is your first, second or third offense. They currently range from $50 to $450 and are subject to surcharges that can be up to $93.00.
Have you recently received a ticket for a traffic related violation? Call the Claro Law Firm. Elisa Claro, Esq. of The Claro Law Firm is an experienced traffic lawyer who has handed thousands of traffic cases throughout New York, including Westchester County – White Plains, Ardsley and Yonkers. As such, Elisa’s experience as a traffic attorney gives her personally familiarity with many of the police officers, assistant district attorneys, and city, town, and village prosecutors. In making the right decision to hire our traffic ticket laws firm, think of all the money you will save in increased auto insurance premiums, fines, fees and points which become a permanent part of your driving record. Hire the best defense by calling today and let Elisa and her experience work for you: 917 300-3334 or visit us online.