There are people who watch out for texting drivers just to call the police. There are city-wide traffic task force members who are there watching out for the same thing. It’s unfortunate, but you could be accused of texting and driving even if you weren’t. Whether it’s because you looked away from the road for a moment or because you picked up your phone to see who was calling, you could be accused of committing a violation.
Did you know that New York has some of the strictest texting-and-driving laws in the U.S.? You are prohibited from using a cellphone while driving. It is important to note that the prosecution would have to prove that you were using your phone, not just picking it up or moving it.
Pleading “not guilty” is the first step in your fight. A trial date will be scheduled, and you should talk to your attorney about ways that you can defend yourself against the accusation. For example, were you moving your phone to be able to reach something in your center console while stopped at a red light? Did your passenger have a phone in their hand that the passing officer believed was in yours? Mistakes can be made, and the authorities do make mistakes often.
You should talk to your attorney about going to court if you’re accused of texting and driving. You have a right to defend yourself. Others who were in your vehicle may be able to testify that you weren’t using your phone. Your phone’s timestamps and data could also prove your innocence.
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