NYS Traffic Violations VTL 1225-C
New York Cell Phone Tickets and how to fight them: New rules implemented target cell phones users. Individuals no longer have the privilege of driving their vehicles while operating a mobile device. The law prohibits the use of cellphone in any manner while the vehicle is operated. A call cannot be placed using a mobile device while the vehicle is in motion on a public highway. Any person guilty of the offense can be charged.
Distracted Driving and the Dangers
Some research reports that texting while driving is equally as bad as drunk driving, and in some cases, poses an even greater threat to drivers. Texting can take one’s attention from the road for five seconds or more at a given time. The new laws enacted are aimed to reduce the use of cellphones while a vehicle is in motion.
Laws and Five-Point Penalties
Currently, there are only two types of offenses that carry a five point penalty. Passing a school when stopped as children exit and enter the bus and interfering with the proper use of a highway are the only penalties that deliver similar penalties. The law presumes that anyone caught with a phone up to the ear is “using” the phone. It also describes using the mobile device in speaker phone mode, where the device may be held close enough to the face where the conversation can be heard. Listening to a message or a call while holding the phone is considered being “engaged” in a call. The cellphone can be used while a person is driving, but the device cannot be held.
A More Aggressive Approach to Enforcing the Law
It is difficult for law enforcement officials to see users handling their cellphone device while the vehicle is in motion. Officers in SUVs now have the vantage point to see the activity. Many of these vehicles are unmarked. This marks one of the most serious efforts law enforcement in New York has taken in tackling distracted driving.
Cell phone ticket consultations are free, so call us today at 718-521-4909 to speak with an attorney.