Law Office of James Medows | What Is the NYC Cell Phone Law?

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What Is the NYC Cell Phone Law?

As a cell phone owner in New York City, the risks are high if you decide to use your mobile phone while driving.

Serious repercussions include traffic violation fines, points on your driving record, and higher insurance premiums. All of this can occur if you break the New York City cell phone law.

So what is the NYC cell phone law? The law states that you are not permitted to use either a handheld mobile device or portable electronic device while driving.

What specific standards are included in the law?

This tough law specifically bans driving while using a cell phone and prohibits drivers from engaging in the following activities:

  • Holding a mobile or portable electronic device while driving
  • Engaging in a phone call on a mobile device while driving
  • Texting—whether reading, writing, or sending a text—while driving
  • Taking, receiving, or sending photos while driving
  • Playing games on your mobile device while driving

The only exception to these guidelines is that you are permitted to call 911 or contact medical professionals and legal authorities in the case of an emergency.

What happens if I still use my cell phone while driving?

If you get pulled over due to handheld mobile device use, you will likely be charged with a traffic violation, be required to pay a fine, and could be asked to make an appearance in court.

In addition to these negative repercussions, any violation of the NYC cell phone law will also include a five-point accrual on your driving record, at minimum. As a result of this hit to your driving record, your insurance premiums could rise dramatically.

What must a legal authority prove to charge me with this violation?

It will need to be proved that you are guilty of operating a vehicle while also using a handheld mobile phone or portable electronic device. You may contest these claims in cases where you were in a parking lot, in a driveway, or in some other location that is not considered a public highway.

If you were using your phone while parked, your ticket could be invalid. In cases where the accusations are obscure and you are not sure whether you were rightly charged, you may need the help of a traffic lawyer to argue your case.

Am I permitted to use my phone through a hands-free device?

If you must communicate through a mobile device while in a vehicle, it is best to do so while you are not in motion. However, using a completely hands-free speakerphone such as through Bluetooth technology is permitted as long as neither of your hands is on the phone.

Speak with a New York City Traffic Lawyer

If you either need additional information regarding the question “what is the NYC cell phone law” or have been ticketed for violating the law, you can get help by contacting the Law Office of James Medows.

Call or text 917-856-1247 to discuss your options after being ticketed for cell phone use while driving. You can also email the details of your situation, and we can schedule a consultation to explore your case.

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