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We've all seen what distractions can do to a person's driving capabilities. Someone cuts you off while holding a phone up to their ear, or a teenager nearly rear ends someone because they were texting. In 2001, New York was the first state to pass a law banning drivers from using handheld devices while driving. Then, in 2011, the state passed legislature banning the use of any kind of handheld device.
In N.Y. VAC §1225-D, a "portable device" is defined as "any hand-held mobile telephone," and to "use" the device simply means to hold it "while... transmitting, saving or retrieving e-mail, text messages, or other electronic data." Penalties for this dangerous act include a fine of up to $150 and 5 points on your driving record, which could contribute to license suspension if you acquire 11 points within the past 18 months.
Even the simple act of holding an electronic device in your hand while driving could result in a wrongful traffic ticket, since an officer only needs probable cause that you were using the device for any of the above purposes. You can fight these charges, however, by hiring a New York traffic ticket attorney to defend you and fight your ticket. With proper defense, you can prove to the court that you were not using your handheld device in any of the ways listed above and could have your case dismissed. Call Gannes & Musico, LLP today to learn how we could defend you from wrongful charges.
No matter what kind of traffic violation for which you have received a ticket, the legal team at Gannes & Musico, LLP could fight for you. Each of our lead attorneys has represented thousands of trial cases and is thoroughly capable of taking your case to court. Call today to learn exactly what we could do to have your case dismissed!