In New York City, using a cell phone while driving is a serious offense with significant penalties, including fines and points on your driving record. If you’ve received a cell phone ticket, it’s crucial to know that you can fight the ticket and potentially get it dismissed. At the Law Office of Craig Bondy, we have experience in helping drivers navigate the traffic court system and achieve favorable outcomes. In this blog, we’ll outline the steps you can take to get a cell phone ticket dismissed in NYC.

What Constitutes a Cell Phone Ticket in NYC?

In New York City, the laws surrounding the use of cell phones while driving are stringent and strictly enforced to enhance road safety. Understanding what actions can lead to a cell phone ticket is crucial for drivers who want to avoid violations and the associated penalties. Here’s what you need to know about what constitutes a cell phone ticket in NYC.

The Law on Cell Phone Use While Driving

Under VTL 1225-c and VTL 1225-d, New York State law prohibits handheld electronic devices while driving. These laws apply to all drivers operating a vehicle on public roads. The key points of these statutes are as follows:

Handheld Phone Use

It is illegal to hold a phone to your ear while driving, including making or receiving calls. Drivers must use hands-free devices to talk on the phone while driving.

Texting and Emailing

Sending, receiving, or reading text messages or emails while driving is prohibited. This also applies to any form of written communication on a handheld device.

Browsing the Internet

Using a cell phone to browse the internet, including checking social media or using apps, is considered a violation.

Using Other Handheld Electronic Devices

The law also covers other electronic devices such as tablets, laptops, and handheld gaming devices. Any interaction with these devices while driving can lead to a ticket.

Exceptions to the Rule

While the laws are strict, there are certain exceptions where the use of handheld devices is permitted:

Emergency Situations

Drivers are allowed to use their handheld devices to call emergency services, such as 911, in case of an emergency.

Law Enforcement and Emergency Personnel

Police officers, firefighters, and other emergency personnel are exempt from these restrictions while performing their official duties.

Parked Vehicles

The laws apply when the vehicle is in motion. You can use your handheld device without violating the law if you are legally parked. However, this does not apply if you are stopped at a red light or in traffic.

Penalties for Violating Cell Phone Laws

The penalties for using a handheld device while driving in NYC are significant and can have lasting effects on your driving record and finances. These include:

• Fines: The fines for a cell phone violation range from $50 to $200 for a first offense. For a second offense within 18 months, the fine increases to $250; for a third or subsequent offense within 18 months, the fine can be as high as $450.
• Points on Your License: Each cell phone violation adds 5 points to your driving record. Accumulating 11 points within an 18-month period can lead to license suspension.
• Increased Insurance Rates: Points on your driving record can result in higher insurance premiums, as insurers view these violations as indicators of risky driving behavior.

How to Get a Cell Phone Ticket Dismissed

Getting a cell phone ticket dismissed in NYC can be challenging, but it is possible with the right approach and preparation. Here are some steps you can take to improve your chances of having your cell phone ticket dismissed:

Review the Ticket Details

Carefully examine the ticket to understand the specific allegations and the evidence against you. Note the date, time, and location of the alleged offense and any observations made by the officer.

Gather Evidence

Collect any evidence that can support your case. This might include:

• Call Logs and Records: Obtain phone records to show that you were not using your phone at the time of the alleged offense.
• Witness Statements: If someone was with you at the time, their testimony can help corroborate your version of events.
• Device Evidence: Demonstrate that you were using a hands-free device, such as a Bluetooth headset, if applicable.

Request a Hearing

Plead not guilty and request a hearing to contest the ticket. This can be done online, by mail, or in person at the Traffic Violations Bureau (TVB).

Prepare Your Defense

Develop a clear and compelling argument for why the ticket should be dismissed. This might include:

• Proving that you were not using a handheld device.
• Demonstrating that the officer’s observations were incorrect or insufficient.
• Highlighting any procedural errors made during the issuance of the ticket.

Attend the Hearing

Present your case to the administrative law judge at the TVB hearing. Be respectful, organized, and prepared to provide evidence and answer questions. A well-prepared defense can significantly increase your chances of a dismissal.

How a Traffic Ticket Lawyer Can Help

At the Law Office of Craig Bondy, we understand the stress and frustration of receiving a traffic ticket in New York City. Traffic violations can lead to hefty fines, points on your driving record, and increased insurance rates. Navigating the traffic court system alone can be overwhelming, but you don’t have to face it alone. Here’s how our experienced traffic ticket lawyers can help you fight your ticket and protect your driving record.

Experience in Traffic Law

Our team of experienced attorneys has extensive knowledge of NYC traffic laws and regulations. This experience allows us to:

• Evaluate Your Case: We carefully review the details of your ticket and the circumstances surrounding the alleged violation to identify any weaknesses in the case against you.
• Develop a Strong Defense: With our deep understanding of traffic law, we can craft a robust defense strategy tailored to your situation. Whether it’s questioning the accuracy of the evidence or highlighting procedural errors, we know how to challenge the ticket effectively.

Personalized Legal Guidance

We provide individualized attention to each client, ensuring that you receive the best possible representation. Our cell-phone ticket lawyers will:

• Explain Your Options: We clearly outline your legal options and the potential consequences of each choice, empowering you to make informed decisions about how to proceed.
• Answer Your Questions: We are here to address any concerns or questions you may have throughout the process, ensuring you feel confident and supported.

Representation in Court

Having an experienced lawyer by your side can make a significant difference if your case goes to court. We offer:

• Courtroom Advocacy: Our traffic ticket attorneys are skilled litigators who can effectively represent you before a judge. We present compelling arguments, cross-examine witnesses, and challenge evidence to protect your rights.
• Negotiation Skills: We often negotiate with prosecutors to reduce the charges or penalties. Our goal is to achieve the best possible outcome, whether it’s a dismissal, reduced fines, or fewer points on your record.

Mitigating Penalties

Even if contesting the ticket is not an option or you believe it’s unlikely to succeed, we can help minimize the impact:

• Plea Bargains: We may be able to negotiate a plea bargain to lessen the charges or penalties associated with the ticket.
• Point Reduction Programs: Advising on options like defensive driving courses that can reduce points on your driving record and potentially lower your insurance rates.

Peace of Mind

Dealing with a traffic ticket can be stressful, but with the Law Office of Craig Bondy, you don’t have to go through it alone. By entrusting your case to us, you can focus on your daily life while we handle the legal complexities. Our commitment to your case ensures that you receive:

• Dedicated Support: We are dedicated to providing top-notch legal services and achieving the best possible results for our clients.
• Proactive Communication: We keep you informed at every step, ensuring you are aware of any developments and next steps in your case.
• Confidence in Your Defense: Knowing that experienced professionals are advocating for you provides peace of mind and confidence in your defense.

Contact Us for Traffic Ticket Defense

Don’t let a traffic ticket disrupt your life. Reach out to the Law Office of Craig Bondy today for a consultation. Our experienced cell phone ticket lawyers are here to provide you with the guidance and representation you need. Call us now to protect your rights and ensure the best possible outcome for your case.