New York’s laws against cell phone use in cars to curb distracted driving are some of the oldest in the country, going back to 2001. Over time, the severity of a cell phone violation has from two to five points against a driver’s record, making this ticket all the more important to beat.
So, how hard is it to fight a cell phone ticket? That depends on a variety of factors, such as what the officer is specifically accusing you of doing, what you were actually doing, and if there is evidence that supports either claim.
What Can I Do on a Cell Phone in a Car?
While it’s always best to remain completely hands-free with your cell phone in your car, there are some situations where it’s not illegal to handle it in your car.
It’s permissible to do the following in your car:
- Hold your phone to make a 911 call while your car is in motion.
- Make a phone call to anyone else using voice activation.
- Text while temporarily stopped (in a non-commercial vehicle).
Any other use of your cell phone outside of these will likely get you a ticket, but what if you were lawfully using your phone or not even using it all?
How to Fight a Cell Phone Ticket in New York
One of the most difficult aspects of fighting a cell phone ticket is your word against the police officer’s. When you’re fighting a ticket like this, your chances of success aren’t as strong as they could be if you have some sort of evidence to counter the police officer’s story.
For example, if you have a dashcam that points toward the driver, you may have video evidence that you were, in fact, legally using your phone or not at all. Your dashcam can also show if your vehicle was moving or not, which may help if you were cited for texting while driving.
If the officer is making a specific claim about what you were doing with your phone, you can also provide cell phone records that might shed light on the dispute in your favor.
Do You Need Legal Assistance?
Wining a cell phone ticket isn’t easy, but it’s especially difficult if you try to do it on your own. If you were cited for a cell phone violation while driving, you may be facing steep fines and points against your driving record that could result in a license suspension.
Avoid leaving the outcome of your traffic ticket violation to chance and get professional legal assistance on your side. For more information about how Stites Law can help, get in touch with our offices today.