Westchester County Cell Phone Ticket Lawyer

NEW YORK VEHICLE & TRAFFIC LAW (VTL) 1225(c) & 1225(d)

Westchester County cell phone ticket attorney

If you violate New York’s strict regulations regarding the use of cell phones and other handheld electronic devices while you’re driving, you can face genuinely serious penalties. Any conviction for using a cell phone while driving will automatically put five points on your driver’s license, putting you one step closer to a license suspension. Unless you have an experienced New York traffic attorney negotiating on your behalf, it’s unlikely that prosecutors will offer you a plea bargain or that you’ll be able to avoid a conviction. If you are cited for talking or texting on a cell phone while driving, speak at once with an experienced Westchester County cell phone record attorney at Kimberly Pelesz New York Law, LLC.

WHEN YOU NEED AN EXPERIENCED TRAFFIC ATTORNEY

When it comes to driving and using your cell phone at the same time, New York doesn’t play around. If you violate their strict regulations regarding the use of cell phones and other handheld electronic devices while you’re driving, you can face some serious penalties. The first penalty is an automatic five points on your driver’s license. If you collect 11 or more points on your driver’s license within a period of 18 months, your driver’s license may be suspended, leaving you unable to get to work or school. Wave goodbye to fair insurance rates for a long time, that is unless, you hire an experienced, New York traffic attorney, to negotiate on your behalf. Without a lawyer you are the mercy of the prosecutors and it is highly unlikely they will offer you a plea.

The fines for a first offense of driving while using a cell phone are a minimum of $200 and remember, that is for a first offense. If you have a second offense within 18 months, you may face a fine of up to $250. A third offense within 18 months and you may face a fine of up to $450. There are a few exceptions to these laws and they are if you are using a hands free phone, using a handheld electronic device that is affixed to a vehicle surface, using a GPS device that is attached to the vehicle, making a call to report an emergency, and when operating an authorized emergency vehicle in the performance of official duties.

New York increased the penalty for cell phone violations from a 3-point violation to a 5-point violation in 2013. You can also face fines and a license suspension if you’re driving record isn’t flawless. Cell phone use is covered in New York under Vehicle and Traffic Law (VTL) 1225(c), while the use of other handheld electronic equipment such as GPS units and music devices is covered under Vehicle and Traffic Law (VTL) 1225(d). If you have questions or concerns regarding cell phone tickets or other traffic violations call an experienced Westchester County cell phone record attorney. You need a skilled traffic lawyer who will advocate aggressively on your behalf. 

EXCEPTIONS

The consequences for using a cell phone while driving are very different for individuals with a class DJ or MJ driver’s license or learner’s permit.

First time offenders of driving while using a cell phone will have their driver’s license suspended for a period of 120 days. If you violate this law for a second time within six months after having your license reinstated, your license may be completely revoked for a period of up to one year.

As you can see, the penalties for using a cell phone while driving with a class DJ or class MJ driver’s license or learner’s permit are much more severe than the penalties that other individuals may face. That is why it is essential that you contact an experienced Westchester County cell phone record attorney for help with fighting your ticket and avoiding these consequences.

FIGHTING A CELL PHONE TICKET

A cell phone and texting and driving ticket carries the same number of points as a reckless driving misdemeanor or passing a school bus. The purpose of this law was because cell phone-related accidents in New York have increased dramatically.  NY VTL § 1225C(2)(a) simply states that “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 state of New York must only prove that you operated a car on a public highway, and you were using a mobile phone while the vehicle was in motion. An experienced Westchester County cell phone ticket attorney can help you build a defense, which could be extremely beneficial in absorbing some of that hefty five point ticket. The laws in New York are very strict regarding the use of cell phones and other handheld electronic devices while you’re driving.

Because cell phone tickets are treated so seriously in New York, it is important that you fight the record instead of accepting the consequences without question. In many cases, a prosecutor will offer no deals and no opportunity to plead to a lesser charge. If you are given a ticket for a cell phone violation, don’t just accept the worst, and don’t try to act as your own attorney, either. Instead, call a Westchester County traffic record attorney at once. It does not matter if you were talking with or texting your child or even your doctor. Any kind of texting while you are behind the wheel is prohibited by law.

DON’T WAIT TO CONTACT US

If you have questions or concerns regarding cell phone tickets or other traffic violations, do not hesitate to speak at once with an experienced Westchester County cell phone ticket attorney. With offices in Peekskill and Poughkeepsie, Kimberly Pelesz New York Law, LLC serves New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how a Westchester County cell phone record attorney can help you with a cell phone ticket, email us or call us promptly at (914) 402-4541.

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