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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 (315)

Jordyn - September 14, 2016 2:36 pm

i Just got pulled over today in WNY for the 1225d law and i was coming to a red light so i was switching the song. i am worried about the points on my liscense. i told the officer i was changing the song. does this mean i have to plead guilty to the charge ? the money isnt the issue its the points on my liscense and making my insurance go up a ton

Reply
    Matthew Weiss - September 14, 2016 8:57 pm

    Jordyn,

    You should plead not guilty. Even if you may be guilty, if you plead not guilty, you may be able to negotiate this down to a less serious offense.

    Good luck!

    Matthew Weiss

Bikal M Gurung - August 21, 2016 7:37 pm

Hi Matthew Weiss:

I just got a ticket for holding a cell phone while driving in NYC. Actually, my friend wanted to play a song. So, I just passed her my phone so she could play the song. Can this be disputed? I am willing to pay the fine. I am more scared about the points. If I don’t hire the attorney, can I reduced to another offense with no points in the court by paying just the fine. Please give me the best advice.

Thanks,
Bikal Gurung

Reply
    Matthew Weiss - August 22, 2016 10:10 pm

    Bikal M Gurung,

    In NYC, they do not reduce traffic tickets. If you plead not guilty, then the only possible outcomes are guilty or not guilty.

    Matthew Weiss

Jessica Delvalle - August 8, 2016 11:47 am

Hi Mr. Weiss,

I recently got a ticket for an electronic device in NY. I was getting off the highway and stuck behind cars at a red light. I went to turn the gps off of my phone since I sort of knew where I was, when the cops came from my right side and pulled me over. Do I have any chance of getting this dismissed? 5 points is crazy! Or should I plead guilty and try a reduce points course?

Reply
    Matthew Weiss - August 8, 2016 3:36 pm

    Jessica Delvalle,

    If this ticket was issued in NYC, the it will be hard to beat. Otherwise, you should plead not guilty and, on your court date, you likely can negotiate this down to a less serious charge. Regardless, if you have any other points on your record, then I recommend that you fight this electronic device ticket (even if issued in NYC).

    Matthew Weiss

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