Texting While Driving

Cell Phone Ticket in NY

New York City Cell Phone Ticket Lawyer

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.

Received a cell phone ticket? Present a strong defense by hiring a New York City cell phone ticket attorney. Call Gannes & Musico, LLP today!

Is Texting and Driving Illegal in New York?

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:

  • A fine of up to $150
  • 5 points on your driving record

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 City cell phone 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.

How Do I Fight a Texting While Driving Ticket?

To fight a texting while driving ticket it is recommended to hire a skilled attorney. An attorney can help to give the facts of the case and save you from giving incriminating evidence to a judge.

No matter what kind of traffic violation for which you have received a cell phone 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 cell phone 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.

Received a cell phone ticket? Learn more by contacting us online or by consulting with a New York City cell phone ticket lawyer for free at (877) 803-2603.

  • Failure to Use Signal

    We represented a client at Manhattan South in New York County charged with failure to signal. Facing two points and fines, he was found not guilty, avoiding both penalties.

  • Disobey Traffic Device
  • Disobey Traffic Device
  • Disobey Traffic Device

    We represented a client at Pleasantville Village Court in Westchester County for a Disobey Traffic Device charge, facing two points and fines. The violation was reduced to a no-point parking violation.

  • Child Seatbelt Ticket

    We represented a client at Brooklyn South in Kings County who was charged with a child seatbelt violation. Facing three points and fines, our client was found not guilty, avoiding both penalties.

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    “I hired this law firm to help me fight a few tickets. They took care of everything A-Z. It was well worth every dollar spent. I strongly recommend them if you get a ticket hire them!!”

  • NOT GUILTY . Saved 5 points of penalty on my license.

    “NOT GUILTY . Saved 5 points of penalty on my license.”

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    “She is the greatest.”

  • Final verdict of not guilty!

    “Final verdict of not guilty.”

  • Thank you so much for doing an outstanding job to get the ticket dismissed.

    “Thank you so much for doing an outstanding job to get the ticket dismissed.”

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