Sometimes, you need to check your phone quickly while on the road. Maybe your GPS needs to be adjusted, someone is trying to call you, or you want to turn on the radio. These little adjustments might not seem worth it to pull over, especially if you’re already at a red light. That’s when you see the lights in your rearview mirror.
Now, you might be concerned about your moving violation and whether you were in the wrong. You may be asking, “Can I use my cell phone while my car isn’t moving?” Fortunately, there’s a chance you’re eligible for a dismissal. Seek out the help of a lawyer from the Law Office of James Medows if you’re not sure how to fight your cell phone ticket.
One of the most important questions, whether you’ve received a ticket or are concerned about getting one, is whether cell phone use at a red light is illegal in the first place. Although you are still in the running vehicle, it’s not moving, so do cell phone driving laws apply?
New York law doesn’t explicitly state whether a stopped but running vehicle will result in a ticket, but that doesn’t mean you can’t dispute your violation. Because the vehicle isn’t in motion, your lawyer may be able to use that to your advantage. If you’re not moving, you’re less likely to cause an accident, which can be argued to your advantage.
If you received a ticket for cell phone use behind the wheel, it’s important to fight back as soon as possible. The penalties for a cell phone ticket violation can be overwhelming if you’re not sure what to expect.
First, the fines can be expensive. For a first offense alone, your traffic ticket could cost as much as $200. If this isn’t your first offense, that amount could rise to a maximum fine of $450. It’s not just the fines you’ll be facing, though. You’ll also receive five points on your drivers license for a cell phone use violation. If you receive more than eleven points in eighteen months, your license may be suspended.
When you’ve received a traffic ticket for cell phone use, you’re likely concerned about whether you’ll need to pay that ticket, or whether you have a chance to fight back. You need answers to your question: “Can I use my cell phone while my car is moving?”
If you’re not sure, seek out an attorney from the Law Office of James Medows for the answers you need. Our lawyers can help determine whether your ticket should be dismissed on these grounds. Starting with your consultation, we will explain how we can help you fight back to get your ticket dismissed.
If you’re facing a cell phone use ticket and you’re struggling to defend yourself, reach out to our experienced team. We can be contacted by calling 917-856-1247 or by filling out the online form below.