Having a ticket for using a cell phone while driving is a frustrating thing to deal with. However, fighting it may be worth the effort as pleading guilty will result in points on your license and higher insurance premiums. A Bronx Cell Phone Ticket Lawyer can help you fight the ticket in order to avoid the points and keep your car insurance rates low.
If you are caught using an electronic device while driving in New York City, the penalties are severe. The offense is a violation of section 1225(c) and/or 1225(d) of Vehicle and Traffic Law (VTL). It is illegal to use any type of electronic device while driving including iPods, GPS, and tablets. This includes holding them in one’s hand or simply having them near the driver’s ear. It is also illegal to text while driving.
In order to be convicted, the officer must establish that the defendant is the operator of the motor vehicle; there is a mobile telephone or other electronic device in the person’s hand; and the vehicle is in motion. It is also illegal to use these devices while stopped at traffic lights or in heavy traffic.
When fighting a NYC Cell Phone Ticket Lawyer Bronx texting ticket, there are several ways to get the case dismissed. The first way to fight the ticket is by challenging the police officer’s evidence and/or testimony. This can be done by requesting the opportunity to present your case at a hearing or submitting a written argument to the judge.
Moreover, it is possible to fight the ticket by establishing that the officer misidentified the driver or did not properly observe the driving behavior. A skilled attorney can often make this point in court and potentially get the case dismissed.
Another strategy involves raising technical defenses to the charge such as errors in the officer’s ticket writing. If there are erroneous information on the ticket such as the name of the driver, the date of the incident, or the location of the incident then you may be able to get the ticket dismissed.
An experienced Cell Phone Ticket Lawyer can evaluate your case for free right now!
It is important to remember that fighting a New York City cell phone/texting ticket is a different process than fighting a ticket issued elsewhere in the state. Tickets issued in NYC are fought at the Traffic Violations Bureau or TVB while those in other locations are fought in the local court. An experienced attorney will be familiar with TVB and its judges, and the laws regarding distracted driving which gives them an edge when arguing your case. Having an attorney can also save you time, energy, stress, and money that you would normally spend when fighting a cell phone/texting ticket on your own.