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What You Should Know If You Get A Texting And Driving Ticket In NYC

texting-while-driving

The Challenges Of City Driving

Driving in New York City comes with its own frustrating challenges, especially for visitors. Speeding is usually not the most common vehicle and traffic law offense. When we’re not in a pandemic, City streets are often teeming with stop and start taxis, cyclists, potholes, slow-moving, bumper-to-bumper traffic. Boredom can easily set in, and giving in to the allure of passing some time on the cell can be tempting. According to a global corporation specializing in transportation analytics, New York City recently ranked number 5 in the top ten worst traffic cities in the country.

The Consequences Of Distracted Driving In New York City

Using a handheld electronic device is dangerous and it is illegal in New York. The law is clear, but the specifics can be complicated. While there are many 2 and 3 point violations, being convicted of texting and driving will add 5 points. New York drivers who accrue 6 or more points in an 18 month period will be charged with a Driver’s Responsibility Assessment fee of $300, plus $75 for each point over 6.

The financial impact of receiving an NYC texting ticket while driving is expensive:

Collateral consequences of texting while driving:

There Is A Difference

A VTL 1225(c) offense in NYC occurs when the driver is “using” a cell phone or smartphone while making a call without a hands-free device. 

A 1225(d) ticket is issued for using any portable electronic device, including some GPS system, MP3 player, PDA, iPad, computer, gaming electronics, pagers, and in some cases a camera. Use is defined broadly to include pretty much anything that your mobile device is designed to do. Basically, using any device that requires reading, writing, or sending and receiving data while driving is considered to be in violation of the law as it is written. In fact, just looking at the screen while driving is a violation of the law.

Compliance with the texting law is not optional. Any physical contact with an electronic device while driving can result in a ticket. In the eyes of the law, perception sometimes becomes reality. Even simply holding the phone can, will result in the burden switching to you to “un-prove” your guilt.

Traffic Violations Bureau

In the city proper (any of the 5 boroughs) texting while driving citations are handled by the TVB (Traffic Violations Bureau.) There are 8 locations, depending on where the violation occurred:

You Always Have Choices

If you believe you are innocent of the charges, contact us as soon as possible. Time is of the essence. Failure to respond within a 15-day window can result in a suspension of your driver’s license. An experienced attorney will listen to and evaluate your version of the incident. We understand that there may be legal circumstances for your actions such as:

Having legal representation will ensure that:

Navigating New York’s legal system can be daunting. Protect and preserve your driving record with the help of an experienced legal advocate. We are located at 387 Park Avenue South, Suite 549, New York, N.Y. and can be reached by phone at (212) 683-7373.

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