Experienced New York State traffic violation lawyer discusses what to do if you’re issued a cell phone ticket in Jamestown.
I recently had a young client come in who had received a cell phone ticket for using her cell phone while driving. The law in the last few years has evolved. Of course, we all know that you shouldn’t be calling on your telephone; they’re certainly going to go and pull you over for that. Texting is a huge deal now; it’s just crazy the number of problems that municipalities and police are having with texting because different accidents and hit-and-runs are up, they believe, because of texting, so that is a big deal.
I don’t think a lot of people know that the governor actually has given a directive to the State Police that – of course, one of the priorities is a seat belt, but even larger than the seat belt is the texting violation or using a cell phone while driving. Recently, there was a law change. Yes, they kind of had to prove that you’re talking or texting to issue you a cell phone ticket; that’s no longer the case. If you read the updated law, it is simply use. If you use your cell phone for anything, you are in violation.
The particular case that I’m thinking about is that this particular individual had an alarm on their system. They weren’t talking. They weren’t texting. They weren’t emailing. They weren’t Googling. They weren’t doing anything like that; it simply was an alarm, and that person happened to go and pick up the cell phone exactly when the Trooper went by, and she received a ticket. They do not like to go and negotiate on violations. I was able to go and have an extremely good result negotiating on that particular cell phone ticket, but that is not always the case.
Cell phone tickets in New York State are very serious. Therefore, you should speak with an experienced cell phone ticket lawyer as soon as possible.