New York Cell phone violations (VTL 1225.c) are considered serious moving violations under the New York State Vehicle and Traffic Law. They carry 5 points. New York cell phone tickets are often confused with portable electronic device tickets (VTL 1225.d) which also carry 5 points. The main difference involves the location of the cell phone while the motorist is operating the motor vehicle. To establish a New York cell phone violation, the phone must be held to, or in the immediate proximity of, the user’s ear. If the phone is anywhere else while being held in the driver’s hand, the proper charge would be a portable electronic device violation.
You would think that New York Cell phone tickets would be prosecuted the same throughout the state, however there is a big difference in the way cell phone tickets and portable electronic device tickets are prosecuted depending on the county and the court the case is pending in. Brooklyn cell phone tickets returnable to the Brooklyn Traffic violations Bureau cannot be reduced. In fact, every Brooklyn cell phone ticket heard at the TVB needs to be either pled guilty to or scheduled for trial. Brooklyn Traffic Lawyers annually try thousands of cell phone tickets in Kings County. They fully understand the elements of the offense and are experienced at cross examining the officers. Motorist charge with a Brooklyn cell phone ticket or portable electronic device ticket should consult with a Brooklyn Traffic Lawyer.
Queens County TVB is another place where plea bargaining is prohibited. You will either win the case or lose. There are no reductions when it comes to cell phone tickets at the Queens TVB. The ultimate resolution of the case will often rest with the skill and experience of the Queens Traffic Lawyer.
Most courts throughout New York State treat the two violations the same. The exception was the Suffolk County Traffic and Parking Violations Agency in Hauppauge. Until recently the agency took a much harder position on portable electronic device tickets than on cell phone violations and requires the completion of a program before any reduction was granted, when the agency would agree to any reduction at all. Recent changes at the agency have made it much easier for Suffolk Traffic Lawyers to obtain reductions to 0 points on Suffolk County cell phone tickets and portable electronic device tickets. For tickets received in Suffolk County, it’s best to retain an experienced Suffolk Traffic Lawyer who is familiar with the court.
The final resolution of a cell phone ticket depends on several factors such as driving history, the judge overseeing the case, the prosecutor, and the court where the ticket is being heard. When it comes to cell phone tickets, different courts have different rules. For example, the Suffolk County Traffic and Parking Violations Agency will consider any prior cell phone ticket or portable electronic ticket that you may have received in the last 2 years. In the past, the agency would also refuse to reduce any cell phone ticket to 0 points unless the motorist has been driving for over 10 years and completes a 4-hour program. Thankfully this has changed. There are other courts where skilled attorneys are usually successful in reducing cell phone tickets to 0-points. An experienced Southampton Traffic Lawyer can usually get cell tickets received in Southampton reduced to 0-point parking infractions. Other courts where traffic attorneys can usually obtain 0-point resolutions on cell phone tickets include Westhampton Beach Village Court, Quogue Village Court, Patchogue Village Court, Islandia Justice Court, Northport Village Court, and Babylon Village Court.
In Nassau County, motorists represented by attorneys will usually see their cell phone violations reduced to 0 points, however some courts are friendlier than others. Cell phone tickets returnable to the Nassau County Traffic and Parking Violations Agency in Garden City can usually be reduced to 0 points with the assistance of an experienced Nassau Traffic Lawyer.
Cell phone tickets issued in Queens will require the case to be scheduled for trial as the city traffic violations bureaus (TVB’s) do not permit negotiated settlements. Motorists who have received cell phone tickets in Queens should consult with a Queens Traffic Lawyer.
Under New York Law, motorists are not permitted to use a handheld telephone while driving unless they are using a hands free device at the time. The law, however, does provide for exceptions when calling the police, calling 911, calling fire personnel, or calling medical personal with regard to an emergency.
When cell phone violations were first introduced in New York, they did not carry any points. Thereafter legislation was passed that made it a 2 point infraction. On October 5, 2011 legislation was passed that raised the violation to a 3 point infraction and on June 1, 2013 cell phone tickets became a 5 point infraction. In addition to the points that a conviction carries, there is also a minimum fine of $50 with a maximum fine of $150 for a first time conviction. A second conviction for a cell phone violation within 18 months carries a fine of up to $200, and a third conviction for a third cell phone violation within 18 months carries a maximum fine of $400. In addition to fines, the court will also impose a surcharge of either $88 or $93 depending on the court the ticket is returnable to.
Those who receive a cell phone violation while possessing a probationary license, a junior driver’s license with a class DJ or MJ or a learner’s permit face additional consequences to their licenses upon conviction. A conviction to a cell phone violation for those with a class DJ or MJ or a learner’s permit will result in a driver’s license suspension, or learners permit suspension for 60 days for the first offense. A second conviction within 6 months will result in a revocation of at least 6 months for a probationary license and a 60 day suspension for drivers with a Class DJ or MJ driver’s license or learner’s permit.
New York law imposes harsher penalties for CDL drivers convicted of cell phone violations while operating a commercial motor vehicle. A conviction for a cell phone violation or portable electronic device can lead to a 1 year revocation of a CDL license, consequently, it is important to consult with an lawyer.
NO ONE SHOULD EVER PLEAD GUILTY TO A NEW YORK CELL PHONE TICKET
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
