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Cell Phone Ticket

Discussion in 'New York Tri-State' started by Labman, Dec 20, 2019.

  1. Labman

    Labman F1 Rookie

    Jun 25, 2010
    3,646
    Long Island, NY
    Full Name:
    Steve
    Anyone have any success fighting a cell phone ticket? Was pulled over in dead stopped traffic on the Van Wyck in Queens yesterday. I wasn't texting either. Stupid phone fell off magnetic holder and I was fumbling to put it back on dash and somehow this cop saw me with it in my hand. I heard it's five points which is ridiculous. Any advice will be greatly appreciated.
     
  2. ClydeM

    ClydeM F1 Veteran
    Rossa Subscribed Owner

    Nov 4, 2003
    8,706
    Wayne, NJ
    Full Name:
    Clyde E. McMurdy
    #2 ClydeM, Dec 20, 2019
    Last edited: Dec 20, 2019
    The officer should have been happy you were removing it from the floor where it was a serious safety hazard as it could have interfered with Foot pedal operation ;)
    Good luck

    https://dmv.ny.gov/tickets/cell-phone-use-texting

    Under New York State law you cannot use a hand-held mobile telephone or portable electronic device while you drive. Illegal activity includes holding a portable electronic device and

    • talking on a handheld mobile telephone
    • composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages
    • viewing, taking, or transmitting images
    • playing games
    If you use a portable electronic device while you drive (except to call 911 or to contact medical, fire or police personnel about an emergency), you can receive a traffic ticket and be subject to a fine and a surcharge.

    Conviction of a cell phone use, portable electronic device use or a texting violation will also result in points being added to your DMV driving record. If you receive 11 points in an 18 month period, your driver license may be suspended. To learn more, see About the NY State Driver Point System.

    Fines for violations committed on or after November 1, 2014
    VIOLATION
    MINIMUM MAXIMUM
    First offense $50 -> $200
    Second offense within 18 months $50 -> $250
    Third or subsequent offense within 18 months $50 ->$450
    The surcharge for all violations can be up to $93.

    Driver violation points
    for offenses committed on or after June 1, 2013, this violation carries five driver violation points

    A quick Google:
    How To Fight A NY Cell Phone Ticket: Rosenblum law
    jump down about 50% of the article to "
    Understanding the New York “Use of Cell Phone While Operating a Motor Vehicle” Law"

    no affiliation...yada yada.
     
    Labman likes this.
  3. MotorMouth

    MotorMouth Formula Junior

    Jan 6, 2010
    312
    Columbia County NY
    Full Name:
    Dave
    Ive had it happen twice. Same town, same cop. I give them to a traffic lawyer and they get reduced to non moving violations/parking ticket. Costs about $500 between attorney and court, and that’s the point. It’s all about money. It’s not right but how much time you got??
    Edit. Forgot to say I wasn’t using the phone either time.
     
  4. fatbillybob

    fatbillybob F1 World Champ
    Owner Consultant

    Aug 10, 2002
    17,218
    socal
    No one is ever using their phone when they get the tickets yet all I see around me are people using phones, weaving, driving ridiculously slow, plugging up traffic, and allowing the guy in front to gap out 7 car lengths before they realize the light turned green.

    We need more phone tickets! We need cops whose only job is to write those tickets.
     
    Labman likes this.
  5. dwhite

    dwhite F1 Rookie

    Yep, I fully agree. I've been living and driving in the NYC/Long Island area for 40+ years. The number of minor and major traffic accidents (rear-end accidents, lane change) I see everyday has to be cell phone related. They may be worse than drunks who are at least looking at the road.
     
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  6. Labman

    Labman F1 Rookie

    Jun 25, 2010
    3,646
    Long Island, NY
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    Steve
    I agree. But I know what happened as I was the one it happened to. It was stop and go traffic and figured it was a good time to get my cell phone off the floor. How I didn't see the cop near me, I still don't know.
     
  7. Labman

    Labman F1 Rookie

    Jun 25, 2010
    3,646
    Long Island, NY
    Full Name:
    Steve
    Good info Clyde. I'm going to give them a call. Any other recommendations for traffic lawyers that got you off will be a big help. I haven't had a moving violation for over 20 years and I drive 20k miles per year too :(
     
  8. ClydeM

    ClydeM F1 Veteran
    Rossa Subscribed Owner

    Nov 4, 2003
    8,706
    Wayne, NJ
    Full Name:
    Clyde E. McMurdy
    Just looking out for a fellow Tifosi :)

    Do a search on this forum. There are one or two lawyer names that consistently come up. Usually for speeding tickets, but they seem to have good reps. I dont recall the names or I'd post 'em for you.
     
    Labman likes this.
  9. MotorMouth

    MotorMouth Formula Junior

    Jan 6, 2010
    312
    Columbia County NY
    Full Name:
    Dave
    #9 MotorMouth, Dec 21, 2019
    Last edited: Dec 21, 2019
    I think any of them that specifically itemize traffic attorney would do the trick. You want one from the general area you received the ticket in, because the same attorney’s go in once a month or so to see the same DA or town judge with their haul of tickets. They shoot the ****. Laugh about their racket and reduce all tickets down to something trivial. unless you have a poor record. Then they knock it down to half the points. The cell phone one is impossible to fight legitimately.
     
    Labman likes this.
  10. Alcav5

    Alcav5 Formula 3
    Silver Subscribed Rossa Subscribed

    Jul 28, 2012
    2,154
    Scarsdale, NY
    Full Name:
    Al
    yikes, sorry to hear.
    curious to see replies.
    I'd bet there are a lot of ads for attorney's that do this stuff.

    I used Mike Palumbo for a speeding ticket in Westchester , not sure if that's help.

    Crazy , won't be able to drink a cup of coffee or munch on anything soon while driving.

    Cheers! and a big middle finger to those who voted for big government.
     
    Labman likes this.
  11. msdesignltd

    msdesignltd F1 World Champ
    Rossa Subscribed

    Nov 17, 2003
    10,706
    NYC. / E. Hampton
    Full Name:
    Michael
    I use Palumbo...Its all about keeping it off insurance records...deferring the ticket.
     
    Labman likes this.
  12. Labman

    Labman F1 Rookie

    Jun 25, 2010
    3,646
    Long Island, NY
    Full Name:
    Steve
    Well I hired a traffic attorney. Trial date set for Aug 11. Let’s see what happens...


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