Operating motor vehicle while using portable electronic device
Even the most responsible driver is susceptible to using their cellphone while driving. Despite knowing the risks, we rationalize by telling ourselves “it’s only one text” or “I need to glance down at my GPS for just one moment.” Many clients erroneously believe that because using a cellphone while driving seems commonplace and they had no malicious intent, law enforcement will cut them a break when pulled over.
The reality is that using a cellphone while driving carries with it 5 points, as does reckless driving and passing a stopped school bus. Violations involving younger, less experienced drivers will be taken even more seriously, with a harsher penalty to follow.
If you have received a traffic violation for operating a motor vehicle while using a portable electronic device in New York, look no further than Stacey Pennetti.
To avoid accidents involving texting and driving, New York State has established “Texting Zones” along the New York state highways and New York thruway. If you have received a traffic violation for operating a motor vehicle while using a portable electronic device in New York, look no further than Stacey Pennetti. As a specialist in traffic law, she has used her skillset to help hundreds of clients facing charges similar to yours that have resulted in the “best case” scenario outcomes. Spare your driving record by hiring a reputable traffic attorney to represent your case.
Under §1225 d New York State law enforcement are well within their right to issue a violation to drivers caught doing any of the following, with use during emergency situations being the only acceptable exception.
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Composing or reading an incoming text message
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Playing games on a cell phone
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Scrolling social media and/or reading
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Texting or using the “talk to text” feature
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Using the camera to take photos or play games while driving
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Swiping the screen
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Reading content on the phone while driving
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Using GPS while the driver is holding the phone in hand
Drivers who are facing charges involving operating a motor vehicle while using a mobile electronic device should not simply admit fault and pay the ticket. In many cases, there are legitimate defenses as to why this was necessary. Many drivers do not realize all that is at stake when they forgo their right to contest the ticket. Five points on your driving record may not seem like a huge deal, but one more violation could result in a total of 11 points, which is enough to get your license suspended. Insurance premium increases will follow, creating a financial burden you did not foresee as well. These may seem like severe consequences, but they were created to keep high-risk drivers off the road. You may not be a high-risk driver who poses a threat to others on the road, which is why it is worth the time and expense to enlist a traffic lawyer to read over your case.
What are the consequences for a cell phone ticket in New York? You may be surprised. First-time offenders can be charged up to $150 with second time offenders facing up to $250 if the violation is within 18 months of the first.
You may wonder, how can a traffic attorney help. First of all, your attorney will walk through the facts of the case, review the summons, and gather information on your experience with law enforcement. In some circumstances, after all of the evidence is reviewed, there is plausible deniability that the driver was not using their phone and the ticket was issued in error. Hiring a seasoned traffic attorney is your best option, as she knows the exact questions to ask and the secrets on how to build a winning case.