How To Fight A Cell Phone Ticket In NY?

Mobile Phone, Car, Talk, Run, Phone, Apps, Sms, Mms

Cell phones are a staple of most peoples lives. Such mobile devices are used not only to communicate but perform countless other important functions. Though traffic law stipulates that motorists should not be utilizing said contraptions for any purpose while driving their vehicles, many still do.

Unfortunately, however, drivers who get caught are often administered NY traffic tickets that could cost them significant amounts of money. Fortunately, motorists can fight cell phone tickets in New York and, with the help of a competent and experienced traffic ticket attorney, might have these penalties reduced or possibly get the associated charges dismissed altogether.

The Value Of Fighting These Tickets

Many ticketed individuals fail to realize that they have the legal right to plead not guilty to the associated charges in traffic court. Merely relenting and remitting the fine might cost someone several hundred dollars depending on factors, such as their driving record and how many previous offenses they have incurred.

Moreover, cell phone violation charges could yield points on the motorist’s license. Should enough points accumulate for this and other traffic infractions, the motorist’s license could be suspended. Additionally, their auto insurance premiums could skyrocket.

The Ticket-Challenging Process

If the motorist in question opts to challenge cell phone tickets in New York, the process’s first step is formally entering a plea of not guilty to the presiding court. Typically, this action is done in person. However, should the defendant be unable to appear in court, not guilty pleas entered online or through snail mail might be accepted.

In certain cases, the ticketing law enforcement officer might not appear in court. In such instances, an experienced attorney might be able to persuade the presiding judge to dismiss the charges. Should the officer in question be present, a lawyer might attempt to have their client’s charges reduced or formulate some type of defense argument.

Experienced cell phone ticket attorneys might employ defensive strategies, such as:

  • Inquiring if the officer in question possesses any type of visual proof demonstrating the an offense actually took place
  • Procuring eyewitnesses who could refute the officer’s claims
  • Discerning of the accused should be excused if the accused was executing an emergency call
  • Refuting the charges using evidence like cell phone records or GPS technology

These are only common defenses. Every motorist’s case is different and other stipulations might to each individual proceeding.

Final Considerations

Though NY traffic tickets for cell phone use violations can be difficult to challenge, the process is not impossible. However, the prospect for a favorable outcome will be significantly increased with the assistance of an experienced traffic ticket lawyer.

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