Hiring a Lawyer to Handle a Cell Phone Ticket

Drivers can receive a ticket for the use of a cell phone in a vehicle. The ticket may have higher repercussions than the driver expects, and hiring an attorney  can help minimize the penalties, saving the driver quite a bit of time and money.

The Laws for Phone Use in a Vehicle

Drivers of a vehicle have limited cell phone activities that can be done in a vehicle. Speaking into a device in their hand, swiping the screen, taking a photo, reading, or writing anything, and other types of use are all prohibited under current laws. The only allowed uses are having a conversation while using a hands-free device, making an emergency call, or being authorized to use a cell phone for emergency responses. Drivers can have a cell phone in the car; it is just not legal to use it other than the few exceptions to the laws.

Cell Phone Tickets- VTL 1225-c

In pertinent part,

1225 c

2. (a) Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion…

The Cost of a Cell Phone Ticket

          1225  C 4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollars.

There are also points added to the driver's license for each ticket, which can result in additional fees as well as the possibility of a driver's license suspension.

Mobile device tickets 1225–d

1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion…….;

Cost of Mobile Device Ticket

6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollar

Fighting a Cell Phone Ticket

A cell phone/ mobile device ticket is based on the officer's observations, There are a few ways to fight the ticket, though drivers will have varied success rates with these.

• Take it to Court – It is possible to take the ticket to court and be found not guilty. However, this may be exceedingly difficult for the driver to do alone, as the judge will often side with the officer if there is not enough evidence that the driver wasn't using a cell phone while driving.
• Schedule a Trial – It is possible to schedule a trial in the hopes that the officer does not show. If the officer does not appear, it is possible the ticket will be dismissed at the driver's request. However, it is also possible that the judge will reschedule the trial, giving the officer another chance to appear.
• Motion to Dismiss – Drivers do have the option to file a motion to dismiss, though they will need valid grounds to file the motion. This is often done when there is evidence that can mean the ticket is invalidated on technical grounds. This only works for specific situations.

Work with an Attorney  to Handle the Ticket

While there are options for drivers to handle this type of ticket on their own, it is often better to work with an attorney. An attorney  can help during the court case to find the ticket and may be able to negotiate a plea deal for a lower offense. This reduces the possible fines as well as the points on the driver's license. It is also likely that a reduced ticket will not impact the driver's insurance or cause them to have a suspended license due to point accumulation.

Drivers who use their cell phones or other mobile devices  while in control of a vehicle are risking receiving a ticket. If you have received a ticket for driving while using a cell phone, whether it is a 1225(c) or 1225(d) ticket, it is a good idea to speak with an attorney immediately. The attorney can review the situation along with any evidence you may have, then provide advice for moving forward. The attorney can minimize the consequences you might face if you were to simply pay the ticket in full.