Cell Phone & Texting While Driving Ticket Defense

Albany Cell Phone & Texting While Driving Ticket Defense Lawyer Max Smelyansky Will Fight for You In Court, So You Can Stay Home

According to the Governors’ Highway Safety Association, New York is one of fourteen states that has a “handheld cell phone ban”; specifically, it is a traffic violation to use a cell phone without a hands-free device in New York. “Hands free” is part of the “use of portable electronics” law that prohibits drivers from text messaging, emailing, or holding their cell phone in their hand while making calls. Drivers are encouraged to use Bluetooth headsets or the devices that are built into most vehicles now.

Tickets for Cell Phone Use & Texting While Driving

Cell phone tickets are considered primary offenses in the State of New York; this means that a police officer can pull someone over simply because they see them using a cell phone—the driver does not need to be doing anything else wrong for an officer to lawfully pull them over. If you have been pulled over for using your cell phone, you need a cell phone ticket lawyer to fight for your side to help you avoid costly fines and points on your license.

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How to Fight a Cell Phone Violation in New York

Proving cell phone violations can be very difficult for the state. The law is written in such a way that it may or may not include certain types of electronic devices such as GPS units (whether it be its own device, built into the vehicle, or on a cellular device), music devices, or other similar electronic devices that are not considered cellular phones. These deficiencies in the law provide an opportunity for well-practiced defense attorneys to help their clients avoid having to pay unwarranted penalties or fines. As with all violations (and criminal charges), the burden is on the state to prove that the defendant violated the law.

Get Started on Your Cell Phone Ticket Appeal Today

It can be difficult to prove that someone was on their phone and that they weren’t doing something that simply made it appear that they were on their phone. This is one of the key reasons that a skilled cell phone ticket defense lawyer can help argue your case and put the bourdon of proof on the state. At our firm, we will explore all possible avenues in your defense and fight hard to ensure your rights were not violated, that you were treated fairly, and that you get the minimum fine possible.