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Brooklyn Cell Phone Ticket Lawyer

The fines are frustrating, but the driving points associated with a cell phone ticket can damage your driving record. Combat your ticket by consulting a cell phone ticket attorney in Brooklyn.

Using a cell phone while driving is generally viewed as dangerous, and in New York, there are laws against using any electronic device while behind the wheel. This is sometimes hard to avoid, especially considering that many drivers use their phones to navigate or call for directions.

There can be any number of legitimate reasons to use your phone while driving. Proving illegal cell phone use can be difficult, and in some cases, the officer might have made a mistake.

If you were ticketed for using an electronic device while driving, speak with a Brooklyn cell phone ticket lawyer from the Law Office of James Medows. Our attorneys have the experience you need to combat the penalties associated with a cell phone violation. If you’re struggling with your ticket, reach out to our firm. We’ll fight to have reach a positive outcome in court.

NYC Cell Phone Laws

Distracted driving, which includes texting or making a phone call, is responsible for many serious and even fatal car crashes. NYC officials are focused on curbing driver cell phone usage in Brooklyn and the greater city area. As such, the rules and penalties have evolved substantially over the past several years.

The following are two criteria that deal directly with cell phones and other electronic devices:

  • Improper cell phone use
  • Use of a portable electronic device

Determining what counts as use can be confusing, but generally speaking, if you hold your phone and interact with it while driving, you could receive a ticket. Use includes any of the following actions:

  • Talking on a handheld phone
  • Texting, emailing, or browsing the Internet
  • Taking pictures or recording video
  • Using apps or playing video games

Penalties for Device Use While Driving

If you are convicted of using a cell phone or other portable electronic device while driving, you will be assessed a fine, five points on your driving record, and a surcharge of up to $93. The amount of your fine depends on the number of your past offenses:

  • First Offense $50–$200 fine and five driving points
  • Second Offense Within Eighteen Months $50–$250 fine and five driving points
  • Third or Subsequent Offense Within Eighteen Months $50–$450 fine and five driving points

In New York, drivers with more than eleven points could have their license suspended. For example, you were ticketed and pleaded guilty for the first two cell phone offenses within the past eighteen months. This means the third offense will push you over the eleven-point limit, and your license could be suspended.

The penalty can be worse if you’re a junior driver or otherwise driving with a permit. These drivers could have their permits revoked. Revocation is more serious than suspension, which means your license will be returned to you at the end of the suspension period.

A revocation means that your license will be canceled completely. In this case, you’ll need to get approval from the DMV to retake the driving exam, adding to the total cost, time and stress of the original violation. If you’re close to losing your license, you could have a lengthy and costly process ahead of you.

Defenses Against a Cell Phone Ticket

Cell phone tickets have become increasingly severe since the New York Vision Zero initiative, created to reduce the number of cell phone-related crashes. This means it can be difficult to have your charges reduced or dismissed.

One of the only legal exceptions is for emergencies. The driver must prove that he or she was using their cell phone to contact emergency services while on the way to the emergency services provider. In these cases, your charges could be dropped.

Otherwise, you might have trouble fighting your cell phone ticket. A lawyer can guide you through the possible defenses you might not be aware of. For example, although a technical error on a cell phone ticket might not get your claim dismissed, a lawyer can spot major errors, and potentially use that information during the claims process.

If you’re concerned that escaping your ticket penalties is unlikely, an attorney might still be able to help. Although your lawyer will focus on getting your ticket dismissed completely, he or she can also work to have your fines reduced or avoid having your license suspended, for example.

Your Brooklyn cell phone ticket lawyer can also use evidence to show that you were not illegally using your phone, or that it was being used appropriately as a GPS device. It might also be possible to argue that the officer was mistaken and that you weren’t using your phone at all, or that you were, but that your device was hands-free, which is an appropriate use.

Why Fight a Cell Phone Ticket?

The fines associated with a cell phone ticket are bad enough, but the real penalty is the driving points on your record. The five points you get from this one ticket will put you one point away from hundreds of dollars in annual surcharges, and just six points away from possibly losing your license.

Keep in mind that losing your license will make things difficult and more inconvenient, even if you don’t drive often. You’ll need to rely on family and friends, transportation by bike or on foot, or by public transit, which can add to your expenses.

Losing your license can affect you for some time. If your license is suspended or revoked, it can take time and additional fees to get you back on the road. If you’re concerned about a recent ticket, reach out to a cell phone ticket attorney in Brooklyn for help.

Get a Free and Confidential Case Evaluation

Whether this is your first cell phone ticket or you’re close to losing your license, getting help for your claim can save you time, money, and points on your driving record. It can be difficult to prove claims regarding cell phones and small electronics, and a lawyer can help spot weak areas in the case.

Reach out to a Brooklyn cell phone ticket lawyer from the Law Office of James Medows. We can provide you with a free and confidential legal consultation. Call or text us at 917-856-1247 or fill out the form on this page to get started.

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