§1225c. Use of mobile telephones. 1. For purposes of this section, the following terms shall mean: (a) "Mobile telephone" shall mean the device used by subscribers and other users of wireless telephone service to access such service. (b) "Wireless telephone service" shall mean two-way real time voice telecommunications service that is
If you are seen by a police officer "using" a portable electronic device while driving (except to call 911 or to contact medical, fire or police personnel about an emergency), you will almost assuredly receive a traffic ticket and, if convicted or plead "guilty", be subject to a fine and a surcharge and points being added to your New York State DMV driving record (whether a NY license holder or an out-of-state motorist). If any motorist receives eleven (11) points in an eighteen (18) month period, your driver license or NYS driving privilege may be suspended.
CELL PHONE and ELECTRONIC DEVICES
FIVE (5) POINTS IF CONVICTED! Under New York State law, above, you cannot use a hand-held mobile telephone or portable electronic device while driving. Illegal activity includes holding a portable electronic device and talking on a handheld mobile telephone composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or viewing, taking, or transmitting images playing games. As you can see, there is a statutory "rebuttable presumption" of "USE" when observed holding a cell phone or electronic device.
We are grateful for every opportunity to help people successfully defend these traffic infractions and more. Convictions (or, poor plea bargaining for that matter) can have serious adverse consequences, so let us utilize our experience to fight your tickets. As an additional benefit, we will go to court for you so you won't have to go. Give us a call today at 914-666-8137 - you won't be disappointed!
interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. § 20.3. (c) "Using" shall mean (i) holding a mobile telephone to, or in the immediate proximity of, the user's ear; . . .
2. (a) Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.