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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 (287)

Brandy - May 3, 2016 1:15 pm

Hello, I got my first ticket ever for operating mv while using portable electric device. The officer came up to my window and asked me why he pulled me over. Of course I had no idea to why he was pulling me over because i did not do anything wrong had my seat belt on and was not speeding. Then asked me again i was still clueless. Then he said that pink thing in your dash right there. Then it clicked to me I had put it on my dash for a secure place. I had stated ” I had it for my gps. ” While standing there he clearly seen it had my gps running on it. Then got my information and said he had to write me a ticket and when he gave me the ticket he put I stated that “I was trying to get to my gps.” Which is not what I said! How do I go about this?

Reply
    Matthew Weiss - May 3, 2016 5:35 pm

    Brandy,

    Simple, you plead not guilty. This is the only way to possibly to obtain a more favorably result.

    Matthew Weiss

Davidson Bastien - April 15, 2016 6:07 pm

Good afternoon Mr. Weiss,
So I recently just received a ticket that jusy says “electronic device” in which I am infuriated about in queens. I was on the grand central around 4pm rush hour, literally in a stand still traffic, on my way home from work, when I picked up my hair brush which is black and square shaped and quite wide in width, to brush my beard, when I got pulled over. I asked the cop why was he pulling me over, and the officer told me that I was talking on the phone smh. I clearly was not on the phone at no point, I was listening to the Michael Kay show on the radio, he told me that he saw my phone on the right passenger seat, so he automatically assumed I was on the phone. My phone is a galacy note 4, which has a black glove on it. Also he was in the far right lane behind me. I was LITERALLY brushing my beard starting from the top right side of it near my ear. It is sad how he just said, since he saw the phone on the seat he presumed I was using it..which is not true. My weiss do I have any chance of beating this???? Your response is greatly appreciated,
Thank you.

Reply
    Matthew Weiss - April 16, 2016 8:39 am

    Davidson Bastien,

    You have a chance but it depends mostly on what the police officer says during your hearing. If he says that you were using the phone while operating a moving vehicle (not brushing your beard), then you will likely lose.

    Matthew Weiss

Tom - April 12, 2016 6:49 pm

You say there is no plea bargains in NYC, so the only option is a trial? Has the in motion issue been clarified,yet? if you are at a light is that considered in motion of the car is in drive? What if you put it into park at the light? What are the chances of winning in a trial? Seems to me if there is no bargains and a low chance of winning it makes sense to go to trial because you have a high chance of the same penalty

Reply
    Matthew Weiss - April 13, 2016 4:39 pm

    Tom,

    In NYC traffic court, the only options are to plead guilty or not guilty. If you plead not guilty, then the only outcomes are you win and get the case dismissed, or your lose and pay the fine and get the points. The “in motion” rule applies so the police must testify that he or or she observed you operating your motor vehicle while “in motion” and while using an electronic device. I would argue that stopped at a light is not “in motion”.

    In terms of your chances of winning, I cannot provide odds or percentages. These cases are hard to beat but there is no penalty imposed if you try.

    Good luck!

    Matthew Weiss

Tom Beebe - April 10, 2016 11:50 pm

Yellow Mr Weis. Today (4/10/16). I was on my way back from the Civil Service exam 6601. I was pulled over because I grabbed the gps from my girlfriends hand for a second to see the next direction. I’ve seen all the consequences for the violation, I have a DWAI. From 3 years ago and just recently got a parking ticket. If I plea not guilty do you believe with my past record the court would reduce this to a non point ticket I live in Orange County and with traffic it usually take me 2-3hours to get to some parts of Manhattan and I’m just debating whether or not to seek a reduction to avoid the horrendous drive

Reply
    Matthew Weiss - April 12, 2016 12:59 am

    Tom Beebe,

    If you received this ticket in New York City, then you cannot get it reduced as there is no plea bargaining at the Traffic Violations Bureau. Otherwise, you may be able to work out a deal and I recommend that you try.

    Matthew Weiss

tony - April 8, 2016 3:52 pm

Hi Matthew,

Thanks for helping us.

I recently got a ticket for using a cell phone near mills basin bridge(Belt parkway) area. . I have an Oregon license.For using cell phone we get 5 points in NYC. Could you please tell me how the points are going to reflect on my Oregon license any my insurance.

Thanks for your help.

Reply
    Matthew Weiss - April 9, 2016 12:16 am

    Tony,

    A conviction to a New York moving violation WILL transfer to your Oregon license. Three moving violation convictions (aka Driver Improvement Violations) and/or preventable accidents within an 18-month period will result in your Oregon license being restricted (no driving between 12 midnight and 5 am except for work). Four moving violations (and/or preventable accidents) within a 24-month period will result in your Oregon license being suspended. A New York conviction will count as one of those convictions (assuming Oregon will give you points for this offense had it occurred in Oregon which you need to check). If Oregon gives you points for this type of offense, then We recommend that you fight this ticket.

    Matthew Weiss

Steven Mcinnis - April 6, 2016 12:48 pm

hello Mr Weiss

I recently got a ticket for using a gps/electronic device in the Manhattan area. the device fell out of the holder, and while at a complete stop , I decided to re-attach the device.. an officer saw when I was really attaching the device and assumed I was using the device.. I told him I was just reading attaching the device , but he still issued me the ticket. Now I have a NJ license and I am aware that the points wouldn’t be transfered however this is my third conviction of this nature (first two was completely careless and that’s why I bought the device holder) now I fear that these convictions will be sent to NJ and they will suspend my license. ( I drive in NY alot) so I thinking about pleading not guilty and have a fighting chance. any suggestions?

thank you, and keep up this amazing feed, really helpful

Reply
    Matthew Weiss - April 6, 2016 11:21 pm

    Steven Mcinnis,

    In NY, there is a presumption of “use’ when you merely hold the electronic device while operating a motor vehicle. Regardless, I think you should retain an experienced NY traffic lawyer as a third conviction to this charge could result in the suspension of your NJ license.

    Matthew Weiss

Ario - April 3, 2016 9:16 pm

Hi Matthew,

I got a ticket for “improper use of handheld device” 1225D in Staten Island. I am from California, w/ CA license and plate. I use the navigation on my phone a lot. I was in a complete stop and in traffic on I278 and looked at my phone for a faster route. I use a mount for my phone on dash, but this time my phone wasn’t mounted. After I was done, seconds later traffic started moving, and an unmarked police cruiser in the lane to my left who was at least 3 cars ahead of me in traffic didn’t move until I caught up w/ him. He then switched to my lane, pulled me over and gave me a ticket. I’m not sure if he passed me when I was looking at my phone or not.

I have my phone record to prove I wasn’t making/receiving calls or sending/receiving text. I did tell the officer I use my phone (which is hardwired to the car stereo) for navigation.

I want to plead not guilty, and in addition to what I wrote here, I also wanted to question how the office could have seen me when he was in the next lane and ahead of me by at least 3 cars. I have tinted windows, and it was a cloudy day (I have pictures and the weather report for that hour). Do you think I have a case here?

Reply
    Matthew Weiss - April 3, 2016 11:40 pm

    Ario,

    You have a case but it will be VERY hard for you to win. The Staten Island Traffic Violations Bureau is the hardest court on motorists in New York State. Don’t let me discourage you from trying, however.

    Good luck!

    Matthew Weiss

Rick - March 24, 2016 1:50 pm

Matthew,

I received a ticket similar to some of the posts above. I was using my GPS and received a ticket for holding my cell phone in my hand.

I read online that this was a 5 point ticket. However, I live in NJ. You mentioned in an above post that points would not transfer for this ticket to my NJ license, but typically in NJ points do transfer across state lines.

Can you please confirm this is the case? I do not mind pleading guilty and paying fine as long as points won’t affect my license & insurance premiums.

Reply
    Matthew Weiss - March 25, 2016 10:30 am

    Rick,

    Points from this ticket will NOT transfer onto your NJ license because NJ currently does not assign points for the same offense. However, a NY conviction to this charge will be reported to NJ and, if you get 3 convictions of this type, then NJ will suspend you.

    Matthew Weiss

Cristhian - March 22, 2016 4:26 pm

hello Matthew. i ended up putting a tickets¿ 1225D1 in the ticket says Portable electronic device, which step I stop at a red light and use cell to see the time, the official came walking away but just told me not take the cell and I said but this is red light , I was driving a commercial vehicle, else I explain that when commercial vehicle driving should not take the cell, my question is how many points and how much is the fine for this ticket, which you recommend

Reply
    Matthew Weiss - March 24, 2016 3:42 pm

    Christhian,

    A VTL 1225d ticket caries 5 points and roughly a $200 fine. I recommend that you plead not guilty and fight the ticket. This is the only way to possibly avoid points.

    Good luck!

    Matthew Weiss

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