SUFFOLK COUNTY TRAFFIC TICKET LAWYER

TRAFFIC TICKETS IN SUFFOLK COUNTY??

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Sections 1225-c and 1225-d of the New York State Vehicle and Traffic Law (VTL)

Sec 1225-c deals with mobile telephones and voice communication in particular–classic talking on the telephone situations.

Sec 1225-d deals with portable electronic devices which can mean a cell phone (data and texting transmission) as well as all other devices such as iPods, tablets, GPS, etc.

The law offers some specifics about the definition of “using”. It discusses holding phones in proximity to one’s ear and simply holding devices in one’s hand in general.  

If a police officer thinks he observes you holding a cell phone or somehow playing around with it or paying attention to it or another gadget or device, he’s likely to give you a ticket.

With respect to phones, you will never be able to 100% “prove” you weren’t texting or talking by simply providing a bill or other records. When it comes to talking on the phone, people may own multiple phones (work/personal) or could have multiple lines under the same name. There’s never a way to certify that a bill provided in court is for the same phone the officer observed on the day in question. With texting or other portable electronic device use, it’s even harder to prove anything with a bill. There are some actions (like reading an already downloaded email or looking at pictures of your cat that were already on your phone) that may not show up on a data usage bill at all.

WHAT DOES AN OFFICER NEED TO ESTABLISH IN COURT? 

The basic elements of the charge are pretty simple. The person issued the summons must be the operator (driver) of the vehicle, there must be a phone/device in the person’s hand and the vehicle must be in motion. For commercial vehicles, the vehicle doesn’t even need to be in motion–devices cannot be used even while stopped at lights or in traffic.

While the basic elements may seem simple, the takeaway here shouldn’t be that these tickets are impossible to fight. In most cases, an attorney can fight. How this is done would vary depending on where the ticket was issued, the particular circumstances, etc. 

AGGRESSIVE CELL PHONE TICKET ENFORCEMENT IN NY

For cell phone tickets issued a conviction for the violation adds five points to your license.

CELL PHONE TICKET FINES

Fines for NY cell phone tickets can range from a relative small amount to a few hundred dollars depending on a few factors including:

Where the alleged violation occurred. Not all NY traffic courts have the same policies and proceedures and cultures

The particular circumstances. Did an officer observe talking? Texting? Swerving and/or high speed? Some situations may be interpreted as more dangerous than others.  

The existing driving record. Generally, fines for driviers with a clean record would be on the lower end when compared to those for drivers with a bit of a history of tickets. Prior cell violations in particular may contribute to a higher fine.

Add to the fines any surcharges, points based assessments and potential insurance increases and a cell phone ticket can quickly become a major expense.  

CELL PHONE TICKET DEFENSES

The law does allow for use of a mobile telephone while driving “for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician’s office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department.”

Other than the above emergency situations, try to avoid any use of any device whatsoever or you risk the increasingly severe consequences of driving while using a cell phone or other electronic device.

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CELL PHONE TICKET FAQS

Can I lose my driving privileges for a cell phone violation?

A cell phone violation is a 5 point violation. It’s a big chunk of points, almost half of your allotted 11 total. If this is the only violation on your record then a suspension is highly unlikely. Of course like any violation, adding more points to an existing point on one’s record could be a problem. Commercial drivers should be even more careful with these as an accumulation of multiple convictions can quickly lead to loss of commercial privileges.   

In courts that allow it will a prosecutor reduce my cell phone ticket to no points?

Yes your prior record and court will be factors in your outcome of yourcase.

If you have received a electronic device ticket or traffic ticket in Suffolk County, it is best to retain a Suffolk Traffic lawyer. As a Suffolk County Traffic Attorney I will always attempt to have the ticket dismissed. When a dismissal is not possible, I will attempt to negotiate a resolution to a reduced charge. Of the thousands of traffic tickets that I have handled over the years, almost all were reduced or dismissed.