Cell Phone Tickets in Westchester County, New York
Traffic Violations in Peekskill and White Plains
Cell phone ticket laws in New York State are now amongst the toughest in the country. A violation for using a cell phone while driving will result in 5 points being assigned to your driver's license, hefty fines and substantially increased insurance premiums. The stakes are even more severe for a driver who has a probationary or junior privilege to drive. Upon a first conviction, their driver's license can be suspended for sixty days.
In Westchester County, as well in surrounding counties such as Bronx County, Putnam County and Rockland County, the amount of cell phone tickets being issued to drivers continues to increase every year. One reason for this is that drivers who are issued cell phone tickets in Westchester County do not fully understand the cell phone ticket laws.
Breaking Down the Cell Phone Ticket Law in New York
New York Vehicle and Traffic Law ("VTL") Section 1225-c (2)(a)
"no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion."
What does "using" a mobile telephone really mean?
The term "using" is not subject to the driver's own definition or interpretation. Instead, New York VTL Section 1225-c(1)(c) defines the term "using" as "holding a mobile telephone to, or in the immediate proximity of the user's ear."
What does "engaged in a call" mean?
The law defines "engaged in a call" as "talking into or listening on a hand-held mobile telephone but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone."
What is a "hand-held mobile telephone?"
The law defines a "hand-held mobile telephone" as a "mobile telephone with which a user engages in a call using at least one hand."
What is a "hands-free mobile telephone?
The law defines a hands-free mobile telephone as "a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether permanently or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone."
The presumption that the driver is making a call
The cell phone ticket law in creates a presumption that if the driver holds a cell phone "to, or in the immediate proximity of the user's ear" the driver is presumed to be engaged in a call. As a consequence, when a driver appears in any traffic ticket court in Westchester County they must be prepared to prove that they were not actually engaged in call.
This is a very difficult thing to do. This is why it is highly recommended that drivers who are issued cell phone tickets in Westchester County seek the assistance of a skilled and experienced Westchester County cell phone ticket lawyer to assist them in defending against their 5 point cell phone ticket.
Out of State Drivers & Cell Phone Tickets in Westchester County, NY
If a driver with an out of state driver's license receives a cell phone ticket in New York, the New York State DMV will create a driving record based upon your name, date of birth and address. If an out of state driver obtains 11 points in New York within an 18 month period, their privilege to drive in New York will be suspended. In addition, a cell phone ticket conviction in Westchester County or anywhere in New York State will appear on the driver's home state driving record. This could result in the driver's home state assigning points to the driver's license and insurance premiums to go up.
Necessity of Hiring a Westchester County Cell Phone Ticket Lawyer
If you have received a cell phone ticket in Westchester County or any surrounding counties, you should strongly consider hiring a cell phone ticket lawyer in Westchester County to assist you in preparing and defending against your ticket. Cell phone tickets in Westchester County and surrounding counties are now very aggressively prosecuted. If convicted, a driver will face hefty insurance increases, five points on their driver's license and significant fines. The Westchester County cell phone ticket lawyers at our firm have a proven record of experience in successfully defending against cell phone tickets throughout Westchester County and surrounding counties.
Please call us for a free consultation at (914) 840-5104.
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