Starting June 1, 2013, cell phone violations and texting & driving violations now carry 5 points (up from 3). A cell phone violation occurs when a driver uses a phone without a hands-free device. A texting and driving violation occurs when a driver “uses” an electronic device while driving. The terms “use”, “electronic device” and “while driving” are all construed liberally meaning that you cannot even hold your device while behind the wheel of a car that is not parked or else you’ll receive a cell phone ticket.
The new 5-point designation makes these two types of moving offenses the second most serious in the State. Speeding 21+ MPH is the most serious carrying 6, 8 or 11 driver’s license points. An NYC cell phone ticket and texting & driving ticket now carries the same number of points as a reckless driving misdemeanor as well as a passing school bus violation. Motorists can be suspended for accumulating 11 or more points so this change is significant. On the other hand, for those with clean records, a conviction to one cell phone ticket or texting while driving ticket will NOT result in your insurance increasing.
Gov. Cuomo is also proposing that drivers with probationary licenses and junior licenses be suspended for 60 days for just one texting & driving violation or cell phone ticket in NY. Cuomo cited the startling fact that cell phone-related accidents in New York have jumped 143 between 2005 and 2011. New York remains on the forefront of fighting this scourge. Remarkably, many states do not even make this conduct illegal.
Update: A conviction to a texting/cell phone violation during the probation period will result in your license being suspended for 120 days
Our office sees many texting & driving violations and cell phone tickets being issued especially in New York City, Nassau County and Suffolk County. They are often issued at intersections where a motorist is stopped at a light as well as in toll plazas. A police officer on foot can easily catch motorists committing these offenses. Further, these charges are difficult to successfully defend especially in New York City. For your own safety (and that of others), PLEASE, PLEASE put your iPhone or other devices away while driving.
Do you have other questions like how much is a cell phone ticket in NY? Contact us today and we can help provide you with more information and legal advice.
351 Comments. Leave new
My son received a ticket last month for talking on the phone while driving. He gave me the ticket and I threw it out on accent. How do i obtain a new? I know he need to go I think april 12th but not sure where. We live in suffolk county.
Thank you
Patty,
Go to the court and explain. They will help you.
Matthew Weiss
I just got pulled over in NY at 11 30pm, I had my phone on the e brake and the brightness was all the way up and I received a notification but I didn’t pick up or touch my phone , the brightness just illuminated my face and the officer was on my left and went on the right Lane on the highway to pull me over, this is my first offense. Will I get points ?
Ana,
Ouch! So sorry to read this. If you lose this ticket, you will get 5 points.
My advice is to plead not guilty as this is the only way to possibly save or avoid points.
Matthew Weiss
I received a cell phone ticket on September 01, 2015 in Orange county, NY. I had just recently divorced and moved next door. After I got the ticket, I immediately changed my address online and went to the court house the following day to give them my new change of address form. I then plead not guilty. I never heard anything back until June 2016 when I received a suspended notice from the state of NY. I went to the court house the next day and the clerk told me that several notices were sent to me. They obviously were sent to my ex-husbands forwarding address (where I am sure he promptly threw them away). At the bottom of the pile was my address change form. She stamped my suspension notice and told me to wait for a court date. In August I received another suspension notice, again I went to the court house and asked if I could just settle this immediately. They said that would not be a good idea, and said I would be sent a court date. Never received anything else. December 23, 2017, I was pulled over by the same officer in the same town for doing 36 in a 25. I went to court on March 1, 2018 and received a non-moving violation. So, all good. I went to renew my license on March 14, 2018 and was told that my license was suspended. I never received any notice. I don’t have a problem with my insurance. I went to the court house where the clerk gave me another letter lifting my suspension and gave me a court date of March 29, 2018. This over 2 1/2 years ago. Any advice. Thank you
Mona,
Wow! Sounds like a lot of incompetence. With that said, it doesn’t sound like there is anything further for you to do except appear in court on March 29, 2018 to resolve your case. Good luck!
Matthew Weiss
I was on 96th and 3rd Ave. in NYC after dark stopped at a red light. While not in motion, I called home to have my wife meet me in the lobby of our building as I was not feeling well. I wanted her to put the car in the garage while I went upstairs to take care of myself. In the process I was given a ticket for illegal cell phone usage 1225c2a. I was in a borrowed car, not my own, so my blue-tooth was not connected as it is in my own car. Under the circumstances, I had no other choice but to use my phone as stated above. Is there any point in pleading not guilty? Thank you.
Robert Bregman,
It will be very hard for you to beat this ticket. In NYC, they do not plea bargain and it will be your word against the officers.
Matthew Weiss
Does it make a difference if the car was NOT in motion and was in P (parked) at the stop light for the duration of the call? The phone was then put down and the car put in drive AFTER the completion of the call. I received a ticket about one block later.
Robert,
If you can convince a judge that you were parked at the time, then you should win.
Matthew Weiss
Does it make a difference if I was stopped in traffic, in “Park”, at a red light in NYC and not in motion, or on the side of the road double-parked? Thanks for your excellent advice!
I moved to Maryland in 2016, so I changed my car insurance and my license to MD. At that time the DMV punched a whole through my NY license and told me it was no longer valid. Then, almost 5 months later I got a letter that was forwarded from my old address in NY to my new one in MD saying my NY license was suspended because I did not have NY insurance. I called the DMV, provided them with proof, explained that I had even dropped of my plates already, and straightened everything out, but I got pulled over today while visiting NY (now about 2 years later) & the police officer said that my NY license was suspended as of last year.
Jasmine,
Weird. My best guess is that you had an insurance lapse before you surrendered your NY plates.
Free free to call us if you want to discuss it further.
Matthew Weiss
for how long points stay on your license for cell phone use my husband is 63 .
the ticket was given in brooklyn ny
Gali,
For DMV purposes, points count for 18 months from the date of offense.
Matthew Weiss
I received a 1225-D (1) in Staten Island, NY on 2/9/18. I plead NG and I intend to appear in court to attempt to achieve a more favorable outcome. I denied using my phone during the traffic stop, I stated that the screen was off and I was moving it from the seat to the car vent docking station.
I have a few questions about the particulars of my situation.
1. The officer began the traffic stop interaction by stating that the interaction would be recorded and at least once during the interaction he asked me to speak clearly for the recording. I assume he was wearing a microphone and that the recording was an audio recording. Question: Am I able to access the audio recording to prepare my defense and/or can I access the recording at the trial? and How do I request the recording if I am able to access it?
2. The officer stated that he could see that the screen on my phone was on, however this is unlikely given his position, distance from my car, and the lighting conditions at the time being bright daylight. Is this a viable defense?
Jeff D,
Answers in bold below:
1. The officer began the traffic stop interaction by stating that the interaction would be recorded and at least once during the interaction he asked me to speak clearly for the recording. I assume he was wearing a microphone and that the recording was an audio recording. Question: Am I able to access the audio recording to prepare my defense and/or can I access the recording at the trial? and How do I request the recording if I am able to access it? No, in NYC, there is no right to discovery. You can request a copy via FOIL but this could take a lot time and your hearing may occur well before you ever receive it.
2. The officer stated that he could see that the screen on my phone was on, however this is unlikely given his position, distance from my car, and the lighting conditions at the time being bright daylight. Is this a viable defense? Not likely as the police officer’s testimony on this issue will likely be credited (over yours).
Matthew Weiss
I recieved DRA in mail stating that I violated OP MV PORT ELEC DEV. I was never stopped by police officer. And I don’t remember me using phone while driving. Do they take pictures and send tickets for this particular violation?
Ps I haven’t received a separate ticket for this violation, I recieved a DRA statement only. Violation dated 01/18/18, conviction date 01/30/18 queens north adj.
Palak,
Electronic device tickets are not issued by cameras. It sounds like you were issued one and then pled guilty resulting in the DRAF bill.
Matthew Weiss
I received a cell phone ticket a few months back even tho I was using hands free, the cop claims I had it to my ear but I did not and when I explain that to him he said he understands but he already wrote the ticket, so he gave it to me and told me to plead not guilty and try and fight it down. I live in Nassau, will they allow me to fight it down?
Dominic C,
At the Nassau County Traffic Violations & Parking Agency on 16 Cooper Street, they will often allow you to plea this down but have a onerous process. Read this article which I wrote entitled “Fighting A Nassau County Cell Phone Or Electronic Device Ticket Is Now Harder Than Ever” for details.
Matthew Weiss
My son who is 17 and 10 months got a violation for touching his phone. He has bluetooth and months on the dashboard for the phone. He was using waze and it slipped off the mount and got unplugged and he was just plugging it is. He still got the ticket. Should we fight it or just accept the ticket and pay. We live in Suffolk county. The officer really was stern and scared my son so he said we was using waze. He was not texting no email and no talking on the phone. It s dark and difficult to see in another car.
George Rogu,
Your son should plead not guilty as this is the only way to possibly obtain a more favorable result.
Matthew Weiss
Dear Mr. Weiss,
I was issued a using an electronic device ticket in Staten Island. I was driving a 2015 SUV and was on a call to my son using hands free tech via Bluetooth. Gps was situated in the center console and was not touched. I was pulled over by an officer behind me who said I was looking down and looked distracted. We were in stopped traffic. I demonstrated the blue tooth. She gave me a ticket even as her partner told me he would not have written a ticket. I appealed. In the hearing she read from her notes that I had the phone in my right hand and she saw as she was beside me. She was actually behind me in a Taurus which is lower. She said my car was gray when it is white. All of which I testified to and when I asked how she saw me with a phone in my hand when she was behind me and was she sure about what she saw. She replied. ‘No, I don’t know. It was a year ago.’ The judge still filed for her. I am appealing. Do I have a chance if I produce the transcript. I had no prior text ticket and only one moving violation in 30 years. Going 32 in 25 mile hour zone. This officer completely fabricated her testimony and based upon what I witnessed with the other appealing parties she used one cookie cutter discription which she read rapidly off her notes.
Adele,
I doubt that you win your traffic appeal. It is extraordinarily difficult to win a traffic appeal and nothing which you’ve written suggests to me that you will get the guilty determination reversed.
Sorry.
Matthew Weiss
if there plea bargaining in Suffolk County NY?
Frances Richter,
Yes, the Suffolk TVPA engages in plea bargaining but there are some instances where it does not.
Feel free to email us a copy of your ticket and hone number. We’ll call you to discuss upon receipt.
Matthew Weiss
What should I do with cellphone ticket
West,
You should plead not guilty as this is the only way to possibly obtain a more favorable result.
Matthew Weiss
I received 6 points on my license between November 2014 and April 2015. In August 2015, I got a cellphone ticket worth 5 points. If I am convicted, would my license face suspension or would the points not count because it’s 2 years later?
Robins,
DMV points in New York are measured from the date of offense so the 2-year delay will NOT help you.
Matthew Weiss
Hi Matthew,
I got a cell phone ticket at NYC, the court is Queens (Whitestone) TVB. Prior to this, I have a clean record for 6 years. But by reading the above comments, I think my chance of winning is still low. I wonder if I plead guilty (got 5 points), can I take a defensive driving lesson and lower 3-4 points right afterward ? Is this a possible way to lower points and stop insurance from going up? Also, will my penalty go up if I plead not guilty and end up found guilty? I meant like do I have to pay the court charge/ other surcharges?
Appreciate your expertise feedback, and thank you very much!!!
Edwina,
Yes, if you take the Driver Safety Class, you can get 4 points deducted from your total. This class will also save you 10% on your insurance rates.
The fine will remain roughly the same if you fight this case and lose. No extra court charges.
Matthew Weiss
Thank you very much for your clear and detailed explanation! Thank you for your prompt reply and sharing your knowledge here for free! Truly appreciate. Wishing you peace and joy this Christmas season! God Bless!!!
I have never been to NYC and was driving a small rental truck moving my son to brooklyn. It was rush hour and I was hopelessly lost and looked at my phone for navigation and received a ticket (1225D). I am from Florida. I have read that: “if the out-of-state traffic ticket that you receive is not one where points are given out in Florida, then no points will be added onto your FL license.
Likewise, if the traffic violation is unique to NY or not recognized by FL, you will not have any demerit points assessed against your FL driving record.” Is this true ( as in Florida there is only a texting while driving law and it is secondary and cannot be stopped for that offense)?
Victor Schargorodski,
This is true … Florida will only give you points on your Florida driving record if Florida likewise has a similar violation.
Matthew Weiss
I received a ticket for violation of 1225D in Yonkers, NY. I had been checking the GPS so I was in the wrong however the office did say I can plead not guilty and he’d be willing to lessen the penalty. I am in the process of moving to NY from NJ and still have NJ license and insurance. This is also why I had been checking GPS because I am unfamiliar with the area. I have a few questions if you can help.
1) If I plead not Guilty is there a chance the outcome can be worse than the original fine and point?
2) Do I have to appear in court if I plead not guilty?
3) The NJ points for this violation are 3. If I receive the points then switch my license over to NY down the road will the points jump up to the 5 that NY gives out?
4) I had a DUI almost 8 years ago, would this affect the amount of the fine? When I looked it up the fine varies from 40-200 for first offense.
Thank you for the advice & information.
Val,
Answers in bold below:
1) If I plead not Guilty is there a chance the outcome can be worse than the original fine and point? Extraordinarily unlikely that things will get worse.
2) Do I have to appear in court if I plead not guilty? Yes, unless you retain a NY traffic lawyer to appear for you.
3) The NJ points for this violation are 3. If I receive the points then switch my license over to NY down the road will the points jump up to the 5 that NY gives out? Regardless, New York will give you 5 points on your NY record if you lose this ticket.
4) I had a DUI almost 8 years ago, would this affect the amount of the fine? When I looked it up the fine varies from 40-200 for first offense. The fine is subject to the judge’s discretion and your past record is relevant.
Matthew Weiss
Hello,
I just received a ticket for electronic device which I had to report to court within 15 days or have my hearing rescheduled online, which I opted for the rescheduled hearing which was set to 4/10/2018 but within the past two weeks, I was called for an MTA position but you cant be appointed the position with more than 4 points on your driving record and you cant have any pending tickets. Now I’m afraid if I plead guilty and pay the ticket that I will be given 5pts and no longer qualified for the MTA position and I also cant wait til my 4/10/2018 hearing because now its too far out. Is there any advice you can give me such as possibly paying a higher fine for lesser points (I don’t even know if that’s an option) or could I go to the court and ask to speak to the presiding judge and ask for leniency.
Messiah,
There is no leniency or plea bargaining in the NYC traffic courts. It is all or nothing if you plead not guilty. The only thing that might help is going to court where your case is to be heard and asking the court to “advance” your case to an earlier date than April 20, 2018. That is possible.
Matthew Weiss
Dear Mr. Weiss,
I received a Queens Cell Phone ticket, I explained that being from Ohio where it is legal to talk on the phone & I was unaware of the intricacies of the law & thought using speakerphone was ok in NY. The officer ran my license and saw I had a NY license 10 years ago and said “the laws haven’t changed since you had a license” and gave me a ticket.
1. If I plead not guilty, is there any way to get an online or mail hearing so I don’t need to fly in to attend the hearing in person?
2. Assuming I need to attend in person, if I get a bad date, extend once, then get another bad date, at that time can I switch to guilty and pay the same $138 fine or will additional costs be assessed?
3. He wrote the vehicle year and vehicle color wrong on the ticket, will that help my case?
Thank you!
Joseph,
Answers below:
1. If I plead not guilty, is there any way to get an online or mail hearing so I don’t need to fly in to attend the hearing in person? You can submit a form and avoid appearing. However, this method carries the lowest chance of success.
2. Assuming I need to attend in person, if I get a bad date, extend once, then get another bad date, at that time can I switch to guilty and pay the same $138 fine or will additional costs be assessed? Yes.
3. He wrote the vehicle year and vehicle color wrong on the ticket, will that help my case? No.
Does a cell phone ticket even carry points in Ohio? If not, and you do not drive regularly in NY, then why are you even fighting it?
Matthew Weiss
Thank you for the information and the quick response.
No, a cell phone violation would not carry points if it would occur in Ohio. But being that the violation happened in NY where it carries 5 points and Ohio & NY are both are DLC-member states, I assumed the points would follow me home.
If that is not the case, I will just pay it and be done.
They will tell you that age old saying they love so much. “Ignorance of the law is no excuse”
I was issued an improper use of cellphone ticket by a NYS police officer on the Northern State in Nassau County. I appeared in court as instructed. The representative told me I had 3 options, 1) pay the fine, receive 5 points and have my insurance increase by 40% 2) have a device installed in my car for which I have to pay approximately $160 for and with no violations the fine would be equivalent to a parking ticket, or 3) Go to trial, very likely lose because you have no recourse when the officer sees the phone in your hand, pay thousands in expenses, still get 5 points and a hefty insurance premium as a result. I was in shock at the prospect of points and an increase to my insurance since I have never received a moving violation, so I was questioning the process but ultimately chose option #2. When he walked away, i said to myself this was unreal and it felt like I was rushed to judgement unfairly. A man that was standing nearby asked the arbitrator to give him my paperwork. He instructed me that I was going to trial. I explained that I had already agreed to option #2, he said I was clearly conflicted and as the supervisor, he has the right to override my decision. He returned my license and told me to expect a trial date in the mail. I was in shock and awe at the way I was treated. All of this took place in less than five minutes. I have never received a moving violation and was overwhelmed with the information that was being thrown at me. I didn’t want to go to trial because it felt like a no win situation; I was frustrated because I was pulled over for picking up my phone that had dropped from the vent and returning it to the mount. Is there anyway I can prevent this from going to trial prior to receiving that date?
Itrav,
It sounds like you were ambivalent and indecisive. If so, it does not surprise me that the prosecutor lost patience and put you in the “option 3” pile. We can try and help you. Call us on Monday (212-683-7373) and we’ll do our best.
Matthew Weiss
I’m in a debate regarding HAM Radio users who have the ARRL license. Reading the regs say they are same violation as a cell phone. However, there are court cases where they have been dismissed. Your thoughts?
Paul,
Breaker, breaker. Let’s settle that debate right here. In my opinion, a ham radio is not an “electronic device” as defined in VTL 1225d.
This statute defines a “Portable electronic device” as “any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.”
Matthew Weiss
I just received a ticket for using my cell phone while driving, however, I wasn’t even holding my phone, but actually holding my wallet! I told the cop and even showed him that my wallet was out, but he just kept repeating “license and registration” instead of listening to me. How can I go about proving my case?
Lance,
It will be tough. When it is your word versus a police officer’s, guess who the traffic judge will be believe?
Matthew Weiss
Mr. Weiss
I have received a ticket for violation 1225C2A back in February. I did not realize that the lawyer whom I hired did not charge my card and therefore technically did not take on the case. I have now received a conviction by default letter with a license suspension. I did not receive previous notices as my address has changed and it is not until now that my old neighbor delivered the past letters. How do I resolve this? I need my license to drive to work. I would also still like to fight the violation as it carries 5 points as you mentioned. Any advice on what to do? Can I appeal any of this online? If I pay the fine in the conviction letter, am I automatically awarded the 5 points as well?
Thank you,
Olivia
Olivia,
You should pay it right away along with the suspension termination fee so that your suspension will be lifted. If you want to challenge the conviction and remove the 5 points (which were placed on your record when you defaulted), then you will also have to submit an appellation to vacate the default and show a reasonable excuse for your default and a meritorious defense to the charge. Good luck!
Matthew Weiss
If you are legally parked with your motor on, is that considered a texting violation?
Caroline,
Under current NY law, a motorist must be “in motion” to violated VTL 1225d. So “parked” while using an electronic device would not be a violation.
Matthew Weiss
I was double parked the other day in Midtown NYC with car running. I just touched my phone to check status and the officer gave me a ticket. I work for a company where this type of violation is not good. He seemed to be giving them to everyone double parked. I have no choice but to fight this.
Ronald Johnson,
If your car was (not “in motion”) and can prove it, then should win. Of course, the police officer may testify differently in which case you’ll probably lose. With that said, you should fight it given the 5 points associated with this ticket and the possible ramifications on your job. Good luck!
Matthew Weiss
How long do the points for using a cell phone stay on your record!
Joe Finn,
Points for illegally using a cell phone count against your driver’s record as long as any other points … 18 months form the date of offense.
Matthew Weiss
Instead of fighting it, or telling people to fight it, wouldn’t it make more sense to own up to it, be a grown up and take your medicine, for being a moron?
Ron,
I respectfully disagree with your advice. Pleading not guilty is the only way for a motorist to possibly obtain a more favorable outcome so this is why I made my recommendation.
Matthew Weiss
I received a a ticket for using my phone while driving on 10/14/2014 and was convicted on 12/07/2014 will my convictions be erased from my driving record being 3 yrs passed from the date of the violation???
Mark,
Points from any NY conviction count against you for 18 months from the date of offense. So, as of 4/14/2015, your illegal cell phone ticket no longer carries points going forward. This conviction, however, can be used against you by your insurance company for 36 months from the date of convictions and will still appear on your driving record for 5-6 years.
Matthew Weiss
Thank you! Also, will the insurance companies use old unpaid ticket suspensions against me and raise my insurance because of those suspensions?
Hello, if you get pulled over for use of cell phone by midtown tunnel NYC, but live in Nassau county Long Island, where do you go to court? And also will they check the call log or txt log at court?
Erika,
You will be assigned a court in NYC to resolve this case. You can submit the call or text log into evidence but you will not likely win solely on this evidence.
Matthew Weiss
I just got pulled over in Tarrytown, NY for being on my phone for a split second and put it down to look for my headphones. I asked the officer if he could please give me a warning, I just left my job orientation after a long day etc. Plus my boss will now get an email notifying her that I was pulled over. I don’t want this to effect my position. He wouldn’t give me a warning. I don’t know how much this will be nor if points were added or not. I don’t know what to do.
Laura,
You should plead not guilty as this offense carries 5 points. Pleading not guilty is the only way to possibly obtain a more favorable result.
Matthew Weiss
Methew using headphones is allowed when you drive priavte r commercial car ????
Hi Mr Weiss,
If you plead not guilty, what is the status of the points while you wait for the court date? Are they on your license yet? Are the visible to a police officer if you get stopped for something else?
Joan,
Until you are convicted, you do have get the points on your license or driving record for a pending ticket.
Matthew Weiss
Hi could you say that again? I’m not sure what you mean. Thanks
Joan Falcetta,
Until you lose the ticket (i.e., are convicted), the open ticket does not appear on your driving record and does not give you points.
Matthew Weiss
I just received a ticket in Queens for being on my cell phone, I don’t want any points to follow on my license so I have a couple of questions with the proceeding. When I show up to court do I notify them that I want to plead not guilty? If so, will they reschedule my court hearing to another day with the officer present? Any chance of me actually losing or as soon as i plead not guilty I have not receive the points. Last question, will I need a lawyer? Sorry for the bombardment. But thank you.
Ho Wong,
Answers in bold below:
When I show up to court do I notify them that I want to plead not guilty? You can notify DMV of your not guilty plea online, in-person or through the mail. You have 15 days to enter your plea.
If so, will they reschedule my court hearing to another day with the officer present? The court will “schedule” your case after it receives your not guilty plea.
Any chance of me actually losing as soon as i plead not guilty? No, if you plead not guilty, you cannot be found guilty until after your hearing.
Last question, will I need a lawyer? It is very hard to win in the Queens Traffic Violations Bureau. You have a better chance with an experienced NY traffic lawyer but, even with one, you can still lose (in fact, more motorists lose than win in this court).
Matthew Weiss
Ok… So I wrote before about pleading not guilty to a using cell phone while driving… Went today to the court in Jamacia queens… But police officer didn’t show. They rescheduled and said if he doesn’t show twice, its dismissed. Is his not showing today any indication of where this might go? Can I hope/anticipate he won’t show at end of the month? I know it’s speculation… Just wondering about past courtroom experiences…
Carol,
It is impossible to predict whether your police officer will show up in court and today’s non-appearance provides no insight whatsoever.
Fingers crossed for you, however, that he fails to show next time.
Matthew Weiss
Do I have a chance of it being not guilty in court? Should I even try?
Kelly,
You do have a chance and you never know. For a cell phone and electronic device tickets, I recommend fighting it because it carries a relatively high amount of points … five.
Matthew Weiss
I got a cell phone ticket at stop light on 42nd St in NYC. I live in NJ. At the time I had my phone plugged into my auxiliary input and was speaking/talking through my car speakers. I had phone in my hand to end call when I got pulled over. Police officer said they don’t consider the auxiliary input a hands free device but my car is 2010 and doesn’t have bluetooth. Can I fight this at least to get points reduced?
Kelly,
In NYC and unlike NJ, they do not negotiate or reduce points. If you plead not guilty, the only outcomes are guilty or not guilty.
Matthew Weiss
I got a ticket in port jeff long island and have to appear in the village court for use of mobile phone while driving.. I had my cellphone on my stomach (im a little chubby) and was on speaker so i really truly didnt even have it in my hands is that considered hands free or by admitting i had the phone on my stonach and had to pick it up to end the call just be admitting guilt? Also i dont think he even saw me he just made a guess who were u on the cell phone with and then kinda tricked me i guess to respond and say “my girlfriend” which he added to the comment section.. Also was wondering if i have a printed out picture with a hands free device mounted in my car and show the judge that would as a defense would that be a feasable possible defense? Technically would be lying but the cop didnt even see my cell phone and made the charge up so just playing their game, he might even say yeah i had a dashboard mounted device bc my chargers so bright it mighthave looked that way and it plugs in pretty high
Steven Wilson,
Do no fabricate evidence! This is a serious crime and could get you in even more trouble. My advice would be to plead not guilty (as you’ve done) and, on your court date, ask to conference the case with the prosecutor. You likely can negotiate this down to a less serious charge without the risk and time of a trial. Good luck!
Matthew Weiss
Hello Mr. Weiss,
I’m reaching out to you because a couple of weeks ago I was driving to work and received a cellphone ticket. This occurred on Hamilton Ave near Smith street in Brooklyn (right off the draw bridge). As traffic was slowed down, I briefly looked away to change my radio station. Right away I was flagged down by an officer on foot hiding behind the draw bridge devices. He asked me why I was on my cellphone. I told him that I wasn’t on my cellphone, and that I was just changing my radio station. He saw my phone was on with the GPS. I told him my GPS is on but my phone has been in the cup holder the whole time. He then tells me I cant use my phone for GPS while I’m driving and I’m thinking to myself my GPS was on but I wasn’t holding my phone, is this guy serious? He ended up giving me a ticket. It looks like it was written as 1225 (d) A on the ticket. In the description it states “Driving w/ Cellphone”. I noticed several discrepancies however.
1) There were several errors on the ticket. The license expiration date was incomplete. On the ticket the vehicle year is “12” even though I drive an 02. Also the registration expiration date was two years off. He put down 12/31/15 even though my registration expires 12/31/17.
2) When I went on the DMV website I requested a duplicate ticket. The violation on the duplicate reads 1225C2A which states “except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer”. This violation in effect accuses me of using my cellphone on a public highway?
I understand that my word against the officers word is not a viable defense in the courts. I have also read that clerical errors don’t usually get a ticket thrown out. However I’m hoping the clerical errors and the violation going from 1225(d)A on the copy of the ticket I received to 1225C2A on the duplicate I pulled up from the DMV website will give me a legitimate. Also, it seems like 1225C2A refers to making cellphone calls on the highway. Will it help that I was not on the highway. And also, will I be able to provide call logs proving I was not making calls or sending texts anywhere near the time I received the ticket?
Thanks
Ashraf H.,
An incomplete or erroneous license expiration date does not render your ticket fatally defective. In regard to the offense (illegal us or cell phone versus electronic device), the words in the description of the offense on the ticket will govern. Finally, your call logs likely won’t help but I still think you should submit them as proof.
Good luck!
Matthew Weiss
It was issued in Kent town Putnam county
Kristine,
In the Ken Town Court, you can likely negotiate this down to a less serious charge. Good luck!
Matthew Weiss
I got a ticket for using my phone as a gps. I asked the officer if he could give me a break. He comes back to the car and says I gave you a ticket but plead not guilty and say there was an error on the ticket. I don’t no how to proceed I did say not guilty. What is your opinion on proceeding
Scott,
You should plead not guilty. This is the only way to possibly obtain a more favorable outcome.
Matthew Weiss
Hi, My husband just received a ticket for talking on the phone, he pleaded with the police officer and the officer told him to plead not-guilty, what does that do ? will he still get the points on his license?
Kristine,
His prospects for success depend on where your husband was issued the ticket. If it was issued outside of NYC and Rochester, then he can likely negotiate this down to a less serious charge.
Matthew Weiss
My husband got a ticket for “OP MV PORT ELEC DEV” as his scheduled court date is this Thursday July 28, 2016. He had emergency surgery last night in which he had his appendix removed. There is no way that he can go to his scheduled hearing this Thursday. I am assuming that I can call the Manhattan S TVB Washington St, (New York, NY) to reschedule. Just hoping they can accommodate and such short notice.
Christine Fiora,
For a first adjournment, your husband can go to the TVB website and reschedule (assuming he timely answered the ticket). Otherwise, he or you can appear in court as scheduled and obtain a new date. If this is a second adjournment, then you can obtain it in court as scheduled.
Matthew Weiss
It was April 10, 2016, and I was stopped at the approach of the QMT on my way to the lower Manhattan Holocaust Center for the commemoration
of the Rwandan Genocide… Albeit not parked.
My passenger was holding my phone up using it as a GPS to the center. While stopped, she showed it to me to indicate a left out of the tunnel… And I was pulled over, not allowed to explain that she held it… Got a ticket for violation 1225D1… Operating a vehicle while using portable electronic device or is it texting while?
I plead not guilty and have a hearing August 3… Can I plead on my own, do I need a lawyer? I teach writing at a community college on LI and actually work with students on a unit from the recent book, Deadly Wandering… About the dangers of texting and driving and respect the new laws because of the risks… As much as drinking and driving.
Should I mention this? Plead my case? Get at least a reduction in points?
I have a clean record. However, was out of the country in June and just found out I that my cell phone provider doesn’t have text records beyond 90 days…so can’t bring that evidence with me.
Carol,
You can fight this ticket yourself or you can do so with the help of a NY traffic ticket lawyer. You involvement with “Deadly Wandering” is irrelevant so I wouldn’t mention it.
In NYC, they do no plea bargain or reduce cases. It is either guilty or not guilty.
It’s hard to win but you have no downside if you decide to fight it.
Matthew Weiss
In response to your response below, I will plead not guilty to my ticket in hopes of getting the points reduced. If I get my cell phone records and have a clean driving record, do you think I could represent myself or is it best to hire a lawyer? Thanks in advance.
Steph
Steph,
How to handle the case depends on whether your case is returnable at the Traffic Violations Bureau (TVB). If it is a TVB case, then you likely should have a traffic lawyer. Otherwise, you can handle yourself if you have the time and temperament.
Matthew Weiss
Hi Mathew. My husband received a OP MV PORT ELEC DEV or 1225D ticket in Queens North. He on October 19th of 2015 and plead not guilty. His court date was scheduled for July 6, 2016 and unfortunately, he forgot about it and was a no show. Needless to say, we just received a notice of impending Driver License Suspension and Conviction due to SCOFF Law.
He now needs to show up in person at court to request a new court date or plead guilty on line or through the mail, pay the fine and receive 5 points on his license. We are already in a high risk situation with our insurance company due to a few accidents I had over the past 5 years so the points would hurt a lot. He had the phone on speaker and was holding it but not to his ear when he received the ticket. He had picked up the phone to end a call (which I realize warrants a ticket). If it’s either guilty or not guilty in NYC with no chance of plea bargaining is it even worth trying to fight this or should we just pay the ticket, take the points and then go for a d
defensive driving class?
Teva Ingrassia,
Because this ticket carries a lot of points (five) and because you have a sketchy driving record, it is worth trying to fight it.
Matthew Weiss
Hi. I received a ticket that states I was texting while driving. I did have my phone in my hand but there were no texts sent by me from 1/2 hour prior to getting pulled over. Should I even bother to hire a lawyer to fight the ticket and use my cell phone records as evidence? Or just pay it and take the points? I have a clean driving record and have never gotten a moving violation in the 15 years I have been driving. 🙁
Steph,
Because this ticket carries 5 points, I recommend that you fight it. Five points are a lot to get (even with a clean record) and fighting it is the only possible way to save the points and avoid the fine.
Matthew Weiss
Mr. Weiss,
I received a ticket on July 4, 2016 weekend, for using my mobile device as a GPS. I was not speeding, I simply slowed down at a fork in the road on a two lane highway right outside Saratoga. I lifted my phone up from my dash to make sure I was going the right way. Sure enough, a couple miles down the road I was pulled over. To add to my experience I am from Tennessee, with a Tennessee drivers license and plates.
Should I fight this or is it not worth my time? Also, with me being from out of state and my first offense will I still recieve points on my license? I’d appreciate any advice you may have.
Thank you,
Brie
Brie,
A conviction to a New York moving violation WILL transfer to your Tennessee license. The Tennessee DMV will assess you the number of points that would have been assessed if the New York violation had occurred in Tennessee. An adult Tennessee driver who accumulates 12+ points within a 12-month period can be suspended by the Tennessee DMV. We therefore recommend that you fight this traffic ticket.
You need to research if Tennessee has a similar law to New York regarding using electric devices while driving. If not, then you may want to just pay this ticket (assuming you have no other recent NY convictions).
Matthew Weiss
Received a ticket in white Plains NY for using a mobile device. I have a CT drivers license. The officer advised me to leave not guilty of have the points reduced. How will this violation show up on my driving record? Will if state that I received a ticket for mobile device use?
Sunshine,
If your case is reduced as a part of a plea, then it will show up on your record as the reduced charge.
Matthew Weiss
I received a cellphone ticket for the first time got a lawyer paid 500$ and still got 3 points and a 250$ Fine…. Should I have even bothered with this lawyer?….
Erin Simmons,
In NYC? If so, your lawyer likely did nothing wrong. In the NYC traffic courts, they do not plea bargain. The only possible outcomes are guilty or not guilty. Therefore, the lawyer is either a hero or a goat. Because you only got 3 points, this must have been a very old case and your lawyer must have rescheduled it for a while. This offense now carries 5 points.
Bottom line: An experienced NY traffic lawyer maximizes your chances of winning (even if he or she cannot always win), in my opinion.
Matthew Weiss
Hello,
While driving to work this morning, I was flagged down while traffic was slowing down and told to pull over. The officer asked why I was on my cellphone and I had told him that I wasnt holding my phone, I had just looked over at it to check my gps. He gave me a ticket for using my cellphone even though my hands were free. Is there a chance to fight this?
Ash,
There is always a “chance”. However, what you have written creates a “he said, she said” defense. Guess who the judge will believe when it’s your word against the police officers?
Matthew Weiss
I got a ticket for speeding and phone. How many point do you u think I will in my license.. this happen in long island, New York
Morena,
A cell phone ticket carries 5 points and a speeding ticket carries between 3 and 11 points (depending on how fast over the limit you are allegedly going). You should plea not guilty and fight these tickets.
Matthew Weiss
Hi Matthew,
I just got a ‘holding an electronic mobile device while operating a motor vehicle’ ticket in Suffolk County. I am from MA.
The cop recommended that I ‘support the deposition’ because he might write it off. What does this mean?
How can I reduce the fine, and how much do you think it will be?
Also I am 19 years old. I hit a parked car at age 17. will this affect my license?
Thank you so, so much!
Amy
Amy,
A supporting deposition is a document that amplifies the charges in the ticket. If you demand one and do not get it within 30 days, you can move to have your ticket dismissed.
You can plead not guilty and try and get the charges reduced but the fine will be roughly the same. At best, you’ll save some NY points. In this court, you likely can get the 5-point charge reduced to 3 point charge (but only if you have an otherwise clean NY record and were not driving a commercial vehicle).
Finally, a NY conviction will be reported to MA and, therefore, can adversely affect your auto insurance rates.
Matthew Weiss
I received a cell phone ticket in Brooklyn ny , I have a clean Florida license . If I pay the summons will I still get the points
Betty Logan,
If you plead guilty, you will receive 5 points on your NY driving record. Florida will only give you points on your Florida license IF Florida assesses points for this charge (had this violation occurred in Florida).
Matthew Weiss
Hi just got a cellphone ticket for being on the device when driving. Cop even know what phone case I have. Since pleading guilty for me is probably the best thing to do since he has evidence. How much is the ticket usually for first offense and how long does it take for the points to be dismissed from my license?
Jordan,
If you plead guilty (which I do not recommend), then the fine will be roughly $250. Points from a NY conviction expire after 18 months from the date of offense.
Matthew Weiss