Texting & Cell Phone Tickets
Texting & Cell Phone Tickets.
Our law firm has assisted THOUSANDS of people resolve their tickets.
We go to court for you so that you don’t have to go to court.
CLICK HERE to watch a video on cell phone and texting tickets.
A cell phone or texting ticket is FIVE points!
Under New York State law you cannot use a hand-held mobile telephone or portable electronic device while you drive.
Activities that will get you a ticket:
- holding a portable electronic device
- talking on a handheld mobile telephone
composing, sending, reading, accessing
- browsing, transmitting, saving,
- or retrieving electronic data such as e-mail,
- text messages, or webpages
- viewing, taking, or transmitting images
- playing games
If you use a portable electronic device while you drive (except to call 911 or to contact medical, fire or police
personnel about an emergency), you can receive a traffic ticket and be subject to a fine and a surcharge.
Conviction of a cell phone use, portable electronic device use or a texting violation will also result in points being
added to your DMV driving record. If you receive 11 points in an 18 month period, your driver license may be suspended.
Penalties for probationary and junior drivers with a Class DJ or MJ driver license or learner permit
Effective November 1, 2014, the first conviction of a cell phone use or texting violation could result in a suspension of the driver license or permit for 120 days. A second conviction within six months of the restoration of the license or permit (after the 120 day suspension is terminated) will result in:
•a revocation of at least one year of a probationary license, or
•a revocation of at least one year for a Class DJ or MJ driver license or learner permit
NYS – VTL Sec. 1225-c and 1225-d are the relevant sections of law.
Sec 1225-c deals with mobile telephones and voice communication in particular.
Sec 1225-d deals with mobile telephones (data and texting transmission)
as well as all other devices such as ipods, tablets, GPS, etc.
The law offers some specifics about the definition of “using”. It discusses holding phones in proximity to one’s ear and
simply holding devices in one’s hand in general.
If a police officer thinks he observes you holding a cell phone or somehow playing around with it or paying attention to it
or another gadget or device, they are likely to issue a ticket.
With respect to phones, you will not be able to “prove” you weren’t texting or talking by simply providing a bill or other
records because in most cases you really only need to be holding it according to the law. Also, there are some actions
(like reading a screen or listening to certain audio) that may not show up on a bill at all. Also, some people have more than one
phone so showing one bill is not necessarily proof that it’s the bill for the phone in question.
Fighting a cell phone ticket is possible, but best left to an attorney. You can fight a cell phone ticket with evidence. aka: cell phone ticket, cellphone ticket, texting ticket, cell phone violation, cellphone violation, mobile phone ticket, texting violation, 1225-c, 1225-d
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- Decades of experience
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- Fights to Protect Each Client’s Rights
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Accumulating too many points on your license for traffic violations can result in serious penalties.
We will aggressively fight each traffic ticket to help you avoid points and the loss of your driving privileges.
Protect Your Driving Privileges! Did you know that when you pay a ticket you are pleading guilty?
Some traffic violations can have very serious repercussions.
Depending on the nature of the traffic violation, some of the potential penalties you could face include:
- Auto insurance rate hikes
- Driver’s license suspension
Below are some common traffic tickets issued in this County
Speed Restrictions – Article 30
1180 (a) Speed not reasonable/prudent
1180 (d) Speeding in excess of posted limits
1181 (a) Impeding traffic – driving too slowly
1182 1 Unauthorized speed contest (drag race)
Special Stops – Article 29
1172 (a) Disobeyed stop sign
1172 (b) Failed to stop for yield sign when required
1173 Failed to stop – emerging from alley, driveway, private road, or building
1174 (a) Passed stopped school bus/lights flashing
1174 (b) Failed to keep school bus halted/lighted
1175 Entered intersection when room unavailable (gridlock)
Turning at Intersections – Article 28
1160 (a) Improper right turn
1160 (b) Improper left turn (two-way)
1160 (c) Improper left turn (one-way)
1160 (d) Failed to turn as required
1161 U-turn at grade/curve
1162 Moved stopped vehicle unsafely
1163 (a) Improper/unsafe turn
1163 (b) Failed to signal for turn
1163 (c) Failed to signal when stopping
1163 (e) Failed to use emergency flashers
1164 (b) No directionals – certain vehicles
1166 (a) Improper right turn off roadway
1166 (b) Improper left turn off roadway
1166 (c) Improper left turn (one-way) off roadway
Right of Way – Article 26
1140 (a) Fail to yield approaching intersection
1140 (b) Driver on left failed to yield in intersection
1141 Fail to yield – left turn
1142 (a) Fail to stop – stop sign/failed to yield
1142 (b) Fail to yield – yield sign
1143 Fail to yield – entering roadway
1144 (a) Fail to yield to author. emergency vehicle
1145 Fail to yield at traffic circle
1146 Fail to exercise due care to avoid collision with bicyclist, pedestrian, or domestic animal
1151 (a) Fail to yield to pedestrian in crosswalk
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