CELL PHONE & ELECTRONIC DEVICE TICKETS
Did you know that in NYS there are 2 laws that relate to using a cell phone and can result in a NY Cell Phone Ticket or NY Electronic Device Ticket ?
New York Cell Phone law prohibits driving while TALKING on a non hands-free cell phone while you are the driver of an in motion vehicle. The New York Electronic Device or New York Texting Ticket law prohibits driving while HOLDING most any portable electronic devices (cell phone, gps, iPod etc) while you are the driver of an in motion vehicle (Called the Portable Electronic Device Ticket Law, or Texting ticket law)
Both the NY Cell Phone Ticket law and NY Electronic Device Ticket law create a presumption that holding the cell phone or portable electronic device is proof of the violation, possibly rebuttable with proof showing no improper use. The officer merely has to testify that they saw the he cell phone or portable electronic device in the drivers’ hand while the vehicle was in motion.
There is an exemption to the NY Cell Phone Ticket law and NY Electronic Device Ticket law for 1st responders (hospital, police ems, etc) (called the NY 1st responder exemption) or those interacting with 1st responders. Sufficient proof must be provided to the traffic court judge to prove this exemption qualifies.
The decision as to whether you have refuted the presumption, or provided sufficient proof of exemption is of course up the Judge or Traffic Violations Bureau (TVB) Administrative Law Judge (ALJ) assigned to your case.
Both laws have 5 points as a consequence. Fines start at $138.00.
Obviously the best advise is to avoid a NYC Cell Phone Ticket or NYC Electronic Device Ticket , but if you should receive a NYC Cell Phone Ticket or NYC Electronic Device Ticket , Contact Michael E Beer. Michael E Beer, is a NYC Cell Phone Ticket lawyer or NYC Electronic Device Ticket lawyer. Michael is an experienced NYC court traffic attorney who can help navigate your NYC Cell Phone Ticket or NYC Electronic Device Ticket for the best possible result. Michael can also defend your Nassau Cell Phone Ticket and Nassau Electronic Device Ticket.
Contact Michael E Beer your Manhattan Cell Phone Ticket lawyer and your Manhattan Electronic Device Ticket lawyer.
Contact Michael E Beer your Harlem Cell Phone Ticket lawyer and your Harlem Electronic Device Ticket lawyer.
Contact Michael E Beer your Brooklyn Cell Phone Ticket lawyer and your Brooklyn Electronic Device Ticket lawyer.
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Contact Michael E Beer Michael E Beer your Bronx Cell Phone Ticket lawyer and your Bronx Electronic Device Ticket lawyer.
Contact Michael E Beer your Staten Island Cell Phone Ticket lawyer and your Staten Island Electronic Device Ticket lawyer.
Contact Michael E Beer your Nassau Cell Phone Ticket lawyer and your Nassau Electronic Device Ticket lawyer.
Contact Michael E Beer your NYS Cell Phone Ticket lawyer and your NYS Electronic Device Ticket lawyer.
Contact Michael E Beer your NY Cell Phone Ticket lawyer and your NY Electronic Device Ticket lawyer.
Contact Michael E Beer your NYC Cell Phone Ticket lawyer and your NYC Electronic Device Ticket lawyer.
Contact Michael E Beer your Suffolk Cell Phone Ticket lawyer and your Suffolk Electronic Device Ticket lawyer.
