How to Contest a Cellphone Violation While Driving in New York

Question from Kim, How to Contest a Cellphone Violation While Driving in New York

Answer from AI:

If you were charged with having a cellphone in your hand while driving in New York, but you were only picking it up to place it on a hands-free device, you may have grounds to contest the charge. Here’s a general guide on how to approach this situation.

Understanding New York’s Cellphone Laws

New York Vehicle and Traffic Law (VTL) Section 1225-c and 1225-d prohibit the use of handheld electronic devices while driving. This includes:

• Talking on a handheld mobile phone
• Texting or emailing
• Browsing the internet
• Playing games

However, the law does allow for the use of hands-free devices. If you were merely picking up your phone to place it on a hands-free device, you might be able to argue that you were not in violation of the law.

Steps to Contest the Charge

1. Gather Evidence: Collect any evidence that supports your claim. This could include:
   • Phone records showing no activity at the time of the alleged violation
   • Dashcam footage
   • Witness statements
2. Understand the Law: Familiarize yourself with the specific language of VTL Section 1225-c and 1225-d. You can find the text of these laws on the New York State Senate website.
3. Prepare Your Defense: Develop a clear and concise argument explaining that you were not using the phone but merely handling it to place it on a hands-free device. Highlight any evidence that supports your claim.
4. Attend the Hearing: If you receive a traffic ticket, you will have the opportunity to contest it in traffic court. Be sure to:
   • Appear on the scheduled date
   • Present your evidence and argument clearly
   • Remain respectful and composed

When to Seek Legal Advice

While you can represent yourself in traffic court, it may be beneficial to consult with a traffic attorney, especially if:

• You are unsure about the legal process
• You have previous traffic violations
• The potential penalties are severe

A legal professional can provide personalized advice and help you build a stronger case. You can find a qualified attorney through resources like the New York State Bar Association.

Additional Resources

For more information on New York’s traffic laws and how to contest a ticket, you can visit:

• New York DMV – Tickets, Points, and Penalties
• New York City Traffic Violations Bureau

Remember, this guide provides general information and is not a substitute for professional legal advice. Always consult with a legal professional for advice tailored to your specific situation.