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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. Distracted driving is a major cause of auto accidents, injuries and fatalities across the country; texting and talking while driving is a major source of such incidents. However, distracted driving doesn't end there.
A person could engage in a number of distracting activities while driving, such as eating, applying makeup, or even talking with a passenger. It is a point of debate as to whether or not talking on the phone and talking with a passenger have a same level of distraction. Many studies show that they are very similar, but the state of New York has yet to outlaw driver-passenger conversations.
You have every right to fight a traffic ticket for talking while driving. The best way to build and present a strong defense would be to hire a New York traffic ticket attorney, so call the offices of Gannes & Musico, LLP.
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 purposes below.
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:
These five points could even contribute to license suspension if you acquire 11 points within the past 18 months.
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! Our firm stands for justice and will stop at nothing to fight your ticket and prevent you from paying fines or receiving traffic points that you don't deserve. Both of our lead attorneys have extensive experience in trial cases and could aggressively represent you in the New York courts.
Learn more by contacting us online or by consulting with a member of our team for free at 877-803-2603.