Question: Can I beat a cell phone ticket if I was using GPS?
Using GPS does not automatically beat a New York cell phone or electronic device ticket because the law can still restrict holding or using a portable electronic device while driving.
Many drivers argue that they were only using GPS, not texting or calling. That fact may matter, but it does not automatically make the ticket invalid.
Key Things to Know:
New York restricts handheld mobile phone and portable electronic device use while driving. Illegal portable-device activity can include accessing, browsing, retrieving, or viewing electronic data. A GPS-related defense depends on the exact charge, what the officer observed, whether the device was handheld, and how it was allegedly used.
A GPS explanation may be relevant, but drivers should not assume it guarantees dismissal. The ticket should be reviewed based on the exact facts and violation.