It is a beautiful day and you’re driving along care-free. Then, your phone rings. You reach over and pick it up … just see who is calling. At the same time, an unmarked NYSP or NYPD patrol car pulls along side you, and you are busted!
The State of New York carries one of the strictest electronic device and cell phone laws in the country and imposes the stiffest penalties for such offenses. In New York, “using” your phone in most manners while your vehicle is in motion is a violation of the vehicle and traffic law.
All an officer has to do is testify that he saw you using an electronic device while in motion. Use includes various activities including touching, swiping, reading and clicking. The NYSP and NYPD are regularly enforcing these laws.
The penalties are severe. First-time offenders can expect 5 points (that is almost half-way to suspension), the same number of points assigned for a reckless driving misdemeanor and the most points that you can get for just one non-speeding violation! In addition, disobeying this law will subject you to a fine of $50-$250 for a first offense (with the fines escalating with second and third offenses).
If you are driving on a probationary license, Class DJ, Class MJ or a learner permit, a conviction to this offense means a mandatory 120-day suspension. Subsequent violations under these conditions result in a revocation of at least one year.
Commercial Drivers are subject to the same laws and penalties with a few slight variations.
If you have received a ticket for illegally using an electronic device or cell phone, or any other New York violation, contact us. Even if you think you are guilty, we may be able to help. We will give you a free, consultation and, if you hire us, you will NOT have to appear in court. We charge a flat fee so there are no surprises.