How To Fight Distracted Driving Violations In New York
New York prides itself in its fight against distracted driving – and it was one of the first states to ban handheld cellphone use while driving back in 2001. Since then, many New Yorkers have faced traffic tickets and various consequences for driving while using their phones. If you are one of these individuals, you might be wondering how to fight your distracted driving ticket.
Penalties for Cellphone Use While Driving in New York
According to the New York Department of Motor Vehicles, using a cell phone falls under the general category of “distracted driving.” This includes actions such as:
- Talking on your handheld device
- Sending texts
- Reading texts
- Browsing the web
- Taking pictures
- Playing games
This encompasses virtually any task that you can carry out while physically holding your phone in your hands.
The penalties for this offense vary depending on how often you commit the crime. For a first offense, you could face up to $200 in fines. For a second offense within 18 months, you could face up to $250 in fines. Any subsequent offenses within 18 months could result in a $450 fine. For all of these offenses, a surcharge of up to $93 may apply.
Each violation will also add five points to your license – and you could lose your license after being charged with distracted driving.
How Do You Defend Yourself Against Accusations of Distracted Driving in New York?
To determine the best way to defend yourself after facing a distracted driving ticket, you must first consider the circumstances in which you were accused of this offense. Did a police officer allegedly see you texting? Or was it an average citizen who called 9-11 after allegedly seeing you using your phone?
It may be very difficult to actually prove that you were texting in both scenarios. After all, it’s not easy to see what someone is doing inside their vehicle – especially with partially tinted windows, glass reflections, and other issues. If an average citizen called 9-11, one has to wonder why they weren’t watching the road. If they were looking into your vehicle, doesn’t this mean that they are also guilty of distracted driving?
Whatever the case may be, it is very easy to mistake cell phone use for other legal activities, such as reaching for a wallet or tossing a cellphone into a glove box. Speak with your traffic defense lawyer for more guidance.
Find a Qualified, Experienced Distracted Driving Attorney in Rockland County
If you’ve been searching for a New City cell phone violation lawyer, look no further than Phillip J. Murphy, Attorney at Law. Over the years, we have helped numerous motorists fight distracted driving penalties with confidence and efficiency. Each case is slightly different, so get in touch to discuss the most appropriate defense strategy based on your unique situation.
Sources:
trafficsafety.ny.gov/distracted-driving-1
dmv.ny.gov/tickets/cell-phone-use-texting
