Cell Phone ticket in NYC

Did you violate the law? If you can't pay the fine don't do the crime.

 

Did you pick up the hands free device when it fell, or the cell phone? If you picked up the cell phone, I wouldn't waste the time fighting it. However, if you picked up the hands free device, and that's what the officer saw, then I would consider trying to fight it. It's really not much different holding a speaker to your head vs. a phone, but the law is the law, and it really depends on the wording, so you may get away with it if you tell your side of the story. You may also get a reduced fine. It's up to you whether it's worth all the trouble or not.

 

I believe cell phone tickets now carry 3 pts on your license for NYS. Obviously you are not spinning to get out of the ticket as it is unjust, so I would challenge it. One choice is one of these places: http://www.ticketdefenselaw.com/new-york-cell-phone-ticket.php

Another option if you have trust with your insurance broker / company, you can call them and see what the 3 pts cloud your insurance premiums, especially if received a second incident.

 

Ask for instructions on how to do a trial by written declaration, and send in your statements describing the situation, along with a cite of the exact wording of the law you are supposed to have broken (statute number should be on the ticket, google it).

Your final sentence should be "The law states[...] I did not violate this law. Thank you."

Good luck.

 

When your phone fell off the windshield and you picked it up, had it fallen onto the floor? If so, then trying to pick up something off the floor while you're operating a motor vehicle was in itself dangerous (it really doesn't matter what you were picking up....a hands-free device, a cell phone, or a donut).

And if that's what happened, I think the ticket might have been justified. Perhaps the cop thought that given you were in a heavy traffic situation on the Long Island Expressway, you shouldn't be distracted by trying to pick up something off the floor?

 

The Law Under distracted driver:
NEW— New law effective July 12, 2011 updates the law on cell phone / electronic device use while driving. It is illegal for drivers to use handheld electronic devices while their vehicle is in motion, cell phone use requires a hands-free device. State regulations will be changed so that 3 driver penalty points will be assessed for this violation and the fine is up to $150. It is a primary offence, an officer may stop you if you are observed using a handheld device while driving.

Fight it? It'll cost you lost time, probably a lawyer, and it's an uphill battle. Rotsa Ruck Rorge

 

I was in the same boat last year. It seems that the only way you beat such tickets in NYC is if the officer does not show up for the hearing. I hired an attorney, he rescheduled my hearing 4 times, but in the end he was only able to reduce the fine by $100, i ended up with 3 points on my license. It's probably not worth the hassle unless you already have a few points and these will take you over the threshold.

 

Have a friend who got a call on his cell, pulled over to a legal parking space put his car in park, but did not turn it off to answer the call. Got a ticket, went to court and lost.

 

"Operating" a vehicle is defined broadly. Basically if you are in the driver's seat and the engine is running, you're "operating." So if it is clear you are parked and the cop gives you a ticket, he's within his rights, but he is being.. a... well...fill in the blank.

 

I hadn't read the law word for word, but if it says "cell phone / electronic device", you are guilty of holding the electronic device. It would probably be a waste of time to fight it, unless you try to lower the fine or points. You may get lucky, who knows.

That is 100% correct. If ignition is running...you are operating! A person can be locked up for DWI if they are on the side of the road with the engine running. Like I had said, I didn't really examine the law, but for some reason, I remembered it said that you can't hold a phone while the vehicle was "in motion". I may be wrong, and it also may have changed over the years as well. The wording is VERY critical when it comes to the laws. There are a lot of loop holes in the law. If the law says "operating", then unfortunately you would be guilty. That would be rotten if an officer wrote someone that was in a safe area to make the call, but left the engine running....for what it's worth, I don't think that would happen unless they answered while still driving.

I'm guessing that the guy answered it, THEN pulled over. That's probably why he got the ticket, I don't think he got it for having the car running in a parking spot. Either way, I think that the officer that wrote him the ticket was not too cool. Unless your friend was a wiseguy to the officer, then I wouldn't blame the officer for writing it. I don't like to judge unless I was there, there are always 3 sides to a story!
Most people don't realize, that most of the time, motorists will beg for the ticket one way or another. An officer may have every intention of letting the person off with a warning, then the person will lie, play dumb, or act like a jerk to the officer, or tell them that there is "real crime" that he/she should be tending to etc. Those situations are an automatic ticket to the motorist.

 

I am sure your court date has not passed yet. I have a great attorney that will handle your traffic violation. In most places they will plea bargain with you. Private message me and I will give you his information. He will guide you in the right direction and help you. He will let you know if it is worth you hiring a lawyer and fighting it or just paying it. I have used him for 11 years in many situations and he has helped me a lot and always did the right thing. Please do not hesitate to message me.

 

Most cops can be dicks and a lot of them are also idiots about what they are doing as well.

The first time I had ever been pulled over with the cop intending to try to give me a ticket (was pulled over once before that by a cop that wanted to check out the car and talk about it and told me to get on it when I left) was by a cop in my own town on the night before thanksgiving. Since my friends and I were all out of college for the holiday we were meeting up at the house of one of them about 1 mile from my house. It was INSANELY foggy that night, maybe like 70 foot visibility. I was in an Audi A4 that had both front and rear fog lights, and the rear one is just an extra really bright bulb in one tail light (if it was in both it would look like your brake lights were on). I drove past a cop that was going the other way from me when I was within 1/4 mile of my friends place and I look in the rearview mirror and he had put his lights and sirens on and did a U turn in the middle of the road and raced after me and he pulled me over. Comes up to me and asks for license and registration and I give it to him and then he tells me that I have a tail light out. I told him that no I do not have a tail light out and that its a rear fog light thats mostly on German cars. I explained to him the reasoning behind why it was only in one tail light and even showed him that I could toggle it on and off with a button on my dashboard. He really was not impressed by my argument but he eventually left it at a verbal warning and told me that I needed to get it fixed if he ever ran into me again. Stupid stupid police. A week or so later my father ran into the chief of police in town and told him about it and the chief said that the guy was an idiot and should have known what that was.

Basically he thought he could try to nab me for a DUI since he figured if I had a tail light out that I would have been drunk due to it being the night before thanksgiving. Was completely sober and he could tell that so then he went really hard on the fog light to try to save face but ended up showing him to be an even bigger idiot.

 

Yeah, I can see the logic of him looking for more than "just" a tail light. But once you explained and showed him how it worked, even if he didn't believe you, he should have said, "OK , have a safe night", then sent you on your way. If he truly didn't believe you, he should have just looked it up at a later time, instead of telling you that you need to fix it before he sees you again. That just sounds dickish!
When I had my Porsche, I had a cop pull up to me at a red light and tell me that I had a brake light stuck on. I explained that it was a fog light on european cars, and shut it for him for a second so he could see. He said cool, I didn't know that. He then gave me a thumbs up, and drove away. Much cooler guy than your guy.

 

Is this NYC or USSR? Sounds terrible - I'd try to fight it even if I knew I'd lose. Stupid enforcements like this are why we have so many scofflaws.