Blog

Home / Traffic Tickets / NY’s New Portable Electronic Device Law – VTL § 1225-d Analysis
21Jul

NY’s New Portable Electronic Device Law – VTL § 1225-d Analysis

About the Author

Matthew Weiss

Matthew J. Weiss, Esq. graduated Hofstra Law School in 1984. He was Law Review and won the law school’s prestigious Procedure Award. Upon graduation, he became one of the first Hofstra Law School graduates to work at the New York State Court of Appeals (New York State’s highest court) working on various appellate matters.

Comments (405)

Mike - May 13, 2017 1:30 am

Hi, Matthew.

Just got an NYPD traffic ticket, violation code 1225a.
The police officer did not want to spend one more second with me.” you can fight on the court.” said by him.
So, can I go straight forward asking your opinion? If the chance to win on the court is rare? are there any further bad effects to me besides of fine? like, points?

Thank you.

Reply
    Matthew Weiss - May 13, 2017 7:56 am

    Mike,

    This ticket carries 5 points and roughly a $200-$250 fine. If you have an otherwise cleaner record, however, then a conviction to this ticket will not carry any further “bad effects”. Further, it is very hard to win any traffic ticket in NYC because they do not plea bargain traffic tickets.

    Matthew Weiss

Lana - May 12, 2017 12:27 pm

Is having a cell phone on speakerphone also a violation of 1225D? It was in my cupholder after I turned it on. Thanks.

Reply
    Matthew Weiss - May 12, 2017 4:29 pm

    Lana,

    As long as you are not holding the device, then you are not in violation of 1225d.

    Matthew Weiss

Kristina - May 11, 2017 1:17 pm

Hello,

I received a ticket on May 7, 2017 in NYC. It was the same day as Bike Marathon, so I was in traffic for 3 hours in front of the Midtown Tunnel. Supposedly the cop, saw me on my phone prior to the tunnel but had me pulled over after the tunnel which took 30 minutes.
When I was pulled over, officers explained to wait in the car until the officer who saw me arrives. I explained that I was not on the phone, I was actually holding my EZ Pass. It might have appeared as if I was using an electronic device but that was not the case. He wouldn’t hear any of it. My phone wasn’t even near me. It was in my pocketbook.
I don’t want 5 points on my license… what can I do?

Reply
    Matthew Weiss - May 11, 2017 11:49 pm

    Kristina,

    Your only option to possibly obtain a more favorable result is to plead not guilty. With that said, it is very hard to win any traffic ticket in New York City.

    Matthew Weiss

Miriam E Lee - May 8, 2017 1:41 pm

I got a ticket 1225C2A while traveling West on the Southern State Parkway, I reached over with the intent of moving my cell from drivers side door to put it away in the middle console. However the phone was not in use during the operation of my vehicle. In the same moment I picked up my phone using my left hand, the officer saw me and pulled me over. the statement he wrote explains that I picked up my phone using the right hand and held it in the area of my mouth while my lips were moving. False statement. My vehicle is equipped with Bluetooth and accessible using my steering wheel. As he approached my car to give the ticket, my phone rang. He was able to hear as well as see that I utilize the hands free Bluetooth feature. I pay today $220.00 and they go charge 5 points in my driving records I do not think this is right, but how chance I have to eliminate those points? I am Spanish woman with strong accent I spend time today from my job did you think was positive to fight this.. Can I do something after I paid and plead guilty?

Reply
    Matthew Weiss - May 9, 2017 7:04 am

    Miriam E Lee,

    You should plea not guilty as this is the only way to possibly obtain a more favorable result.

    Matthew Weiss

Dara - May 4, 2017 3:04 pm

Hi, I live in NJ and received a ticket for holding a electronic devise in NYC- 1225D. Should I fight the ticket on my own or get a lawyer? Would the outcome be any different with a lawyer? This is almost my first offense with a clean driving record. Advice would be appreciated.

Thank you,

Reply
    Matthew Weiss - May 4, 2017 10:14 pm

    Dara,

    Hiring an experienced traffic lawyer will improve your chances for success at the NYC Traffic Violations Bureau. With that said, there is still a good likelihood that you will lose as this court does not engage in plea bargaining.

    Matthew Weiss

Sharon - May 3, 2017 8:11 pm

Hello,

I got a a 1225d ticket today. The police officer says he saw holding my phone a few streets back, but it’s impossible because of 3 reasons.
1. My phone was in my lap, my hand was on the steering. I was using the phone as my GPS.
2. I programmed the location in my parking lot before the time he wrote on my ticket. I have a record of my GPS search and time in my google my history. I have no txt coming in, no phone calls just my GPS.
3. The only thing I can think that he saw was me passing a white container (about the size of my phone) back to my daughter. It had her breakfast in it. She was eating when we were pulled over.

I’ve had a ticket before and paid because I guilty, but today I ABSOLUTELY was not and I refuse to pay. What should I do?

Reply
    Matthew Weiss - May 3, 2017 8:28 pm

    Sharon,

    Answers in bold below:

    I got a a 1225d ticket today. The police officer says he saw holding my phone a few streets back, but it’s impossible because of 3 reasons.
    1. My phone was in my lap, my hand was on the steering. I was using the phone as my GPS. This will be your word against the police officer and guess who the traffic judge will believe?
    2. I programmed the location in my parking lot before the time he wrote on my ticket. I have a record of my GPS search and time in my google my history. I have no txt coming in, no phone calls just my GPS. Same as answer #1. Further, you can illegally use an electronic device by just looking at the screen so this is not a great defense.
    3. The only thing I can think that he saw was me passing a white container (about the size of my phone) back to my daughter. It had her breakfast in it. She was eating when we were pulled over. See #1 again.

    I’ve had a ticket before and paid because I guilty, but today I ABSOLUTELY was not and I refuse to pay. What should I do? If you do not want to pay this ticket, then your only option is to plead not guilty as this is the only way to obtain a more favorable result.

    Matthew Weiss

Mary - May 1, 2017 10:01 am

Is there any hope for me. I was issued a handheld electronic device ticket, but I was indeed holding a CUP OF COFFEE while speaking on the phone through my car’s bluetooth (which by the way I showed to the officer) . He saw me turning left (he was on sedan car too) with one hand while putting down my coffee cup so I could hold the steering wheel with both hands. Plus my mother who was visiting was me in the car and explained this to the officer (who looked unsure) but still gave me the ticket. I was very calm, and 3 times explained that my mother and I were just drinking coffee.

Reply
    Matthew Weiss - May 3, 2017 8:48 pm

    Mary,

    Sorry to hear about your misfortune. Because it is going to be a he said/she said case and because the traffic judge will almost always believe the police officer over you, I do not think you have a very good chance to win. Sorry.

    Matthew Weiss

Andy - April 26, 2017 4:18 pm

Hello,

I received a 1225D citation this afternoon in upstate NY. The officer contends that I was manipulating the screen of my phone, which I was not, but I unfortunately DID admit to him that I was holding the device, as I had picked it up to lower the volume of my music (via a button on the side of the phone). Given that “holding” carries a presumption of “using”, is there much point in fighting this ticket? I’m more concerned about the points assessed than the fine.

The reason I ask is that I am actually moving out of state (to Texas) before the court date listed on the ticket. The cost of traveling back to upstate NY will likely far outweigh, many times over, the fine for pleading guilty. If I plead guilty, will the points cause me any trouble when trying to get a Texas license? Will they transfer to a new Texas license? Is there any way to reduce the points once I’ve plead guilty, or otherwise mitigate the hit to my insurance rate? I have an otherwise clean driving record and am unlikely to drive in NY State much at all after I move.

Thanks.

Reply
    Matthew Weiss - April 29, 2017 2:10 am

    Andy,

    There is reciprocity between NY and TX. You need, however, to see if TX has a similar law. Check with an TX traffic lawyer on this one.

    Matthew Weiss

1 8 9 10

Leave a Comment

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>