Cell Phone & Texting Tickets in New York

What is the Cost of a New York Cell Phone or Texting Ticket?

Fines: A conviction for a cell phone or texting while driving ticket in New York State costs $50 to $150 for a first offense. A second offense in 18 months costs between $50 and $200. A third offense in 18 months can cost between $50 and $400.

Surcharges: All cell phone/texting tickets in NY include a $88 or $93 surcharge depending on where the driver was ticketed. This is in addition to the fine.

ticket for using cell phone and driving Driver Responsibility Assessment Fee (DRA): Drivers who accrue six or more points in 18 months as a result of traffic convictions will be required to pay an additional fine known as the Driver Responsibility Assessment fee (DRA). This penalty costs $300 plus $75 for each point after six. This fee is paid to DMV and is separate from and in addition to the state surcharges and fines associated with the ticket.

Points: Drivers convicted of a cell phone or texting violation in New York will have 5 points assessed on their license per violation.

Auto insurance premium increase: Insurance companies periodically pull the driving records of their customers and can increase rates when new convictions appear. Cell phone/texting tickets are high-point tickets, and insurance companies do not take them lightly. One study showed a single cell phone ticket can cause a rate increase of 20 percent.

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Types of Cell Phone/Texting Tickets in New York

New York’s Vehicle and Traffic Law (VTL) contains two distinct laws related to use of portable electronic devices while driving:

  • VTL 1225(c) Use of Mobile Telephone
  • VTL 1225(d) Use of Portable Electronic Devices (includes texting while driving)

A ticket for VTL 1225(c) is entirely different than a VTL 1225(d) ticket. 1225(c) is a cell phone ticket (“c” for cell phone) while 1225(d) is an electronic device ticket (“d” for device), more commonly known as a texting while driving ticket (even though it covers more than texting).

A 1225(c) ticket means the officer is claiming that the driver was engaged in a phone call at the time he observed him/her. For 1225(d) tickets, it is irrelevant whether the driver was making a phone call. A driver who is holding their phone while texting or using an app (including GPS navigation) can be issued a 1225(d) ticket.

What many people don’t realize is that a 1225(d) ticket can also be given for devices other than phones. A GPS system (i.e. Garmin), MP3 player, iPad, camera, or other hand-held electronic device also counts under the 1225(d) law.

Hiring an Attorney to Fight a New York Cell Phone/Texting Ticket

Between fines, surcharges, and insurance increases, a conviction for a cell phone or texting ticket in New York can cost hundreds and even thousands of dollars. That’s why hiring a lawyer to get the ticket reduced or dismissed will undoubtedly save you money. In many jurisdictions an attorney can reduce a cell phone or texting ticket to a non-moving violation such as a parking ticket or plea it down to a lesser-point ticket such as disobeyed traffic control device (a two-point violation). This can reduce or eliminate the impact on one’s driving record and insurance rates. While plea bargains (point reduction via negotiation) are not allowed in NYC, they are permitted in all other NY courts.

Drivers who hire a lawyer can rest easy. Once hired, a lawyer can take over the case, doing all the research and paperwork, as well as appear in court on the driver’s behalf.

Out-of-State Drivers

Drivers licensed outside New York sometimes mistakenly believe they can ignore a New York cell phone or texting ticket. This would be a huge mistake. New York State can suspend someone’s right to drive within its borders for failing to respond to or pay a cell phone/texting ticket issued here. Unfortunately, a driver who pays a New York cell phone or texting ticket may still have to deal with points, insurance increases and fines associated with a conviction. New York is also likely to inform the home state of a driver of any convictions, which means those convictions are almost assured to end up on a person’s driving record and can therefore impact their auto insurance

Each state handles a New York traffic ticket conviction differently. Here are some examples:

  • New Jersey – The NJ Motor Vehicle Commission normally assess two points on a New Jersey license following a moving violation conviction in New York. In the case of cell phone or texting tickets, NJ does not assess points until the third conviction. These points count towards suspension of both NY and NJ driving privileges. Read More
  • Connecticut – Drivers from Connecticut will not receive points from the CT DMV following a cell phone or texting conviction in New York. However, the five points NY assigns to the violation will be noted by the NY DMV and can still result in a suspension of driving privileges in NY. Read More
  • Florida – The Sunshine State will assess points for out-of-state convictions. In Florida, talking on a cell phone is not considered an offense but texting while driving is. Thus, a Florida driver convicted of texting in New York will get six points on their license. Read More
  • Other states – Drivers licensed in any of the other 50 states and D.C. can find more information about New York speeding tickets by visiting our out-of-state license page.

How to Fight a New York Cell Phone/Texting Ticket

There are several strategies that can be used to fight a cell phone or texting ticket – some more effective than others:

  1. Take the Cell Phone/Texting Ticket to Trial and be Found “Not Guilty” by the Judge. Every driver has the right to due process. But taking a cell phone or texting ticket to trial is risky—a driver who is found guilty at trial will see the conviction on their driving record and have five points assessed against his/her license. This can be a long shot. If the facts are unclear, the judge will almost side with the officer by default. This is why if your case is likely to end up going to trial you need an experienced lawyer who knows how to navigate the playing field.
  2. Schedule for Trial and Hope the Officer Doesn’t Show. Many drivers believe that if the officer does not appear for the trial, the judge will dismiss the case. While a driver can ask the judge to dismiss the case, it is far more likely he/she will simply reschedule the trial for a different date. And if they do show up eventually (the more likely scenario) there’s a good chance you will be convicted, especially if you don’t know what you’re doing.
  3. Make a Motion to Dismiss the Cell Phone/Texting Ticket. This is a good choice if there are valid grounds for a dismissal. For example, depending on the jurisdiction there is certain information that, if missing or erroneous, would invalidate the ticket. To see whether or not your ticket can be dismissed on technical grounds it is best to have it reviewed by an experienced attorney.
  4. Have an Attorney Negotiate a Reduction of the Cell Phone/Texting Ticket. It is usually possible for a skilled attorney to negotiate the ticket down to a lower offense. In this case, the driver would pay a fine but receive less points. A reduced charge is less likely to impact one’s insurance premiums (saving hundreds of dollars in the long run) and mitigate or eliminate the risk of a suspended license.

For more information and more detailed strategies for How to Beat a Cell Phone Ticket in New York, check out our ebook.

Common Questions

  • How Long Does a Cell Phone or Texting Ticket Stay on Your Driving Record?

    A cell phone or texting violation will stay on one’s driving record until January 1 of the fourth year following the date of conviction. The five points associated with the ticket will count towards one’s point total for 18 months from the date of the violation.

    For example, if a cell phone ticket is issued in December 2017 and the driver is convicted in court in March 2018, then the points will count until June 2019 and the conviction will remain on the record until January 2022.

  • Is Talking on Speakerphone a Cell Phone Violation in NY?

    A motorist who talking via speakerphone but still has the phone in hand can still be ticketed for a cell phone violation. Officers will not typically stop a motorist if he or she believes a person is talking on a hands-free speakerphone, as this is fully legal.

  • Can I Hold An Electronic Device Other Than a Cell Phone While Driving?

    NYS VTL 1225(d) makes it illegal to use any electronic device while driving. This includes a GPS, iPad, or camera. For GPS systems (or phones with GPS apps), the exception is if they are mounted in the vehicle and not held in the driver’s hand.

  • Is It Legal to Drive with Earbuds in My Ears?

    New York’s cell phone and texting laws do not cover earphone use. However, a separate statute—VTL 375-24-a—makes it expressly illegal for a driver (or cyclist) to have two earphones plugged in. This a no-point violation with a maximum fine of $150, but is avoidable by keeping at least one ear free to able to hear traffic noises while driving.

  • Is it Legal to Use Your Cell Phone at a Red Light or Stop Sign in New York?

    The statute for cell phone use and texting explicitly states that the vehicle must be in motion to constitute a violation. However, it is generally accepted that the vehicle is considered “in motion” when it is being operated which includes being stopped at a stoplight or stop sign.

Data on New York Cell Phone/Texting Tickets

In 2016, New York law enforcement officials handed out 205,733 tickets for cell phone and texting violations. This represents about 6% of the total number of tickets issued that year. The majority of cell phone/texting tickets were issued in New York City. Kings County (Brooklyn) saw the most cell phone and texting tickets of any other county in the state, with nearly 40,000 issued, followed by Manhattan and Queens. Outside of NYC and Long Island, Westchester was the next most-cited county for cell phone and texting tickets.

pie chart 2017 data on texting and cell phone tickets in New York

While the number of cell phone tickets issued annually has been decreasing over time, the number of texting tickets has increased exponentially. In 2009, only 181 tickets were issued for texting while driving in New York State. However, by 2016, the number of tickets was more than 92,000–more than 500 times greater than seven years ago!

Graph: cell phone and texting tickets in New York

Unsurprisingly, the NYPD issued nearly 56% of all cell phone/texting tickets in 2016. But this is a drop off from 2009, when the NYPD wrote nearly 65% of cell phone/texting tickets in the state. By contrast, State Troopers have increased their share of cell phone/texting tickets, writing more than 18% in 2016 versus just 11% in 2009.

County Texting Tickets Hands Free Tickets Total Cell Phone/Texting Tickets
KINGS 18,939 20,459 39,398
NEW YORK 18,036 14,387 32,423
QUEENS 14,768 16,506 31,274
BRONX 4,732 7,591 12,323
SUFFOLK 4,313 6,946 11,259
WESTCHESTER 4,095 4,766 8,861
RICHMOND 4,115 3,588 7,703
NASSAU 2,225 5,401 7,626
ERIE 2,120 3,867 5,987
ALBANY 1,331 2,903 4,234

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392 Comments

  • David Lin
    August 10, 2018

    I was pulled over in Staten Island for 1225.d for tapping on my cell phone while it was mounted onto my car. The officer told me that even with the mount it is illegal. Should I fight this? I know the laws also state that phones affixed to cars are exceptions and the phone was never in my hand.

    • Ronen Cohen
      August 16, 2018

      As this is a 5 point traffic infraction, I strongly suggest contesting this matter at trial.

  • Sharif
    August 9, 2018

    Hi I just returned from traffic court pleading not guilty to 1125 d. I was stopped at at a red light and two pan handlers approached my car (windows down)

    Besides the fact that I was stopped, I feel that this constitutes an emergency situation as the men approaching my car could easily reach in and grab my phone. The judge found me guilty. Should I appeal?

    • Ronen Cohen
      August 16, 2018

      We generally would advise against an appeal in such a situation. The emergency exception doctrine is narrowly construed, and would not apply here. Additionally, this is an argument that could have been raised at trial.

  • Fanieka R
    July 26, 2018

    Received a cell phone ticket on which I actually had a makeup compact in my hand not my cell phone and I explained this to the officer and he still insisted on giving me a ticket. I also showed the officer how far down in my purse my cell phone was under all of my things officer did not care. After the ticket was written the officer did not even walk back up to the car window to give me the ticket his partner cracked his window and drove beside me and slid the ticket out of the window.

    • Ronen Cohen
      August 3, 2018

      Fanieka – what is the violation code for this cell phone violation. As there are two different offenses you can potentially be charged with, clarifying which one was issued would aid in providing further advice.

  • Kerri
    July 17, 2018

    I received a 1225.d – I had phone out at light to enter address into my GPS since I was lost in Queens.. I explained trufully to officer that I was traveling to a different state and was lost. Worth fighting?

    • Ronen Cohen
      July 27, 2018

      I suggest fighting this ticket as it carries 5 points and will generally result in a significant increase to your insurance rates. If you would like further information, please do not hesistate to contact us for a free consultation at 888-883-5529.

  • Debbie Torres
    July 13, 2018

    I was visiting New York from Florida. I was unaware of the no cell phone use. I was lost and called for directions rather than typing in to gps. Pulled over and received ticket with VTL 1225-c. Florida does not reciprocate points on license for this infraction so I am reading. Do I do the course which is expensive or so I just pay ticket which I can’t find the fee anyway. Any info greatly appreciated. Ticket issued in Oneonta County. Thank you!

    • Ronen Cohen
      August 3, 2018

      Debbie – due to the complex nature of this violation and its impact on FL drivers, I suggest contacting us to discuss further. You may reach us at 888-883-5529.

  • erkam
    July 12, 2018

    I am a out of state driver I was at a full stop at a red light in kings county, brooklyn scrolling google maps to navigate my way. I wasn’t texting I wasn’t on a call I didn’t even had any idea why the cop stopped me until I got officer gave me a ticket for violation of 1225-D. What should I do? My licence was pure clean until I got this silly ticket what should I do

    • Ronen Cohen
      August 3, 2018

      The violation that is charged is a broad offense that encompasses any use of an electronic portable device. As this is a 5 point ticket in NY, I suggest contesting this in court. Please note – there is no plea bargaining in this jurisdiction – and as such – the case must be taken to trial.

  • Janet
    June 27, 2018

    I was driving and had one earphone in to hear the gps directions while my phone was laying down next to me. Then an officer gave me a ticket for violation of 1225-D. Did I violate the rule because I wasn’t texting or holding my phone at all?

    • Ronen Cohen
      July 11, 2018

      If you were not improperly using your phone – essentially touching it in any way – then you are not guilty of this violation. Whether you will be able to prove this in court is another matter.

  • Carolyn
    June 21, 2018

    I received a ticket for 1225d and admitted to the officer that I was changing the music. I would like to plead not guilty and reduce the points added to my license, but how do I go about this since I admitted fault? Ticket received in Schenectady, NY from a NYS Trooper.

    • Ronen Cohen
      July 11, 2018

      Carolyn, the information conveyed to the officer will generally only be relevant if this matter goes to trial. If a resolution is reached before such time, admissions will likely not be used against you.

  • Kayley
    May 23, 2018

    I was stopped at a right light in traffic, sent a quick text, put my phone back down, while my car was not moving and a cop had pulled up next to me. I received a 1225d ticket. How should I go about this?

    • Ronen Cohen
      May 30, 2018

      While your car was stopped, court’s have ruled that a car will be deemed to be ‘in motion’ if it is in the flow of traffic. When contesting this ticket, I would recommend focusing on whether the officer was able to meet their respective burden of proof.

  • Evan Lawshe
    April 12, 2018

    I received a ticket for “improper cell phone use” in the Bronx New York back in April of 2017 and I wasn’t using my cell phone. I was stopped at a red light and was plugging in my home address into a Magellan navigation system when the officer pulled me over and thought I was using my cell phone. I plead not guilty back in may of 2017 and the earliest the Bronx court could hear my case is coming up in May. Do you have any suggestions on what I should do?

    • Ronen Cohen
      May 7, 2018

      Evan – what violation code is listed on your ticket. There are two tickets that could be issued for cell phone violations – each with a differing set of facts that must be proven.

  • Erica
    April 11, 2018

    I recently received a 1225-D ticket, i was holding my phone, I wasn’t using it for texting or talking..my GPS was open i had it closer to my ear to hear the directions because i had a bit of trouble following them i getting lost. Should i fight this ticket?

    • Ronen Cohen
      April 13, 2018

      We suggest contesting this 5 point cell phone violation due to the number of points, and impact on your insurance rates. The procedure for doing so will depend on where you had received this ticket.

  • Howard Ganci
    March 27, 2018

    I rec’d a 1225-c (2) (A) on 2/22/18 while driving an empty bus (I work for a school for emotionally challenged kids and adults).The officer never told me why he stopped me until he came back and handed me the summons at which time I vociferously, but respectfully objected. I believe he saw me with a small dark book about the size of my cell phone. He never gave me the opportunity to explain, he just walked away.
    I have a hearing scheduled for Wed 4/25/18 10:30 am at 168 35 Rockaway Blvd

    • Ronen Cohen
      April 11, 2018

      Howard, I suggest contesting this violation. As this is a 1225(c) violation, it may be possible to obtain a dismissal by presenting cell phone records. You may contact us at 888-883-5529 for a free consultation to discuss further.

  • Jennifer
    February 26, 2018

    I got pulled over on the highway while making a phone call. When the officer approached me I said I was calling my mom and I apologize.. I still got a paper to plead guilty or not, so I might as well plead guilty and hope for the best if the cop wrote down the statement I said. Is this the best option for me?

    • Ronen Cohen
      March 1, 2018

      I would not suggest pleading guilty to this violation. While you may have admitted fault to the officer, there are still avenues for contesting this violation. Where you received this ticket will play a substantial part in determining your best course of action – as the procedures vary among the various court systems of NY.

  • Desha Jackson
    February 21, 2018

    what is the statute of limitations on these tickets?

    • Ronen Cohen
      February 23, 2018

      Please clarify what precisely your question is. If you have been charged with a speeding ticket and fail to answer, you may be ‘default convicted’ of the offense. If, however, the State has failed to charge you with an offense, then very broadly speaking, at least 2 years must pass before a ‘motion for a speedy trial’ can be entertained.

  • Naftali Horowitz
    February 7, 2018

    I have an interesting question

    I recently got 2 TVB tickets in Boro Park they claimed that I passed a red light (it was a newly updated leading pedestrian signal)
    One ticket for passing red light
    One ticket for failed to have my license on me

    I thought the red light ticket never reached the system because when I searched it online it did not come up. Now over shabbos I received a letter that my licence will be suspended because I failed to answer that ticket but again when I searched online its not there. I figured out that they entered the Red light ticket into the system with a wrong DOB (as i noticed on the letter – bottom portion) so when I search the system as if I don’t have a licence and put the wrong DOB it comes up but if I search the system with my licence it will not show up. Would you be able to provide me with honest answer if I need to worry about it and how I should go about it.

    • RLF Attorneys
      February 8, 2018

      In order to prevent license suspension, you must answer these tickets. While we understand why you were unable to answer your ticket timely, you must none-the-less answer the ticket to prevent license suspension.

      Generally speaking, incorrect DOB’s on tickets will not directly lead to a dismissal – as courts will likely view these errors as ‘clerical’ in nature.

  • Raf
    January 28, 2018

    I just received a 1225d1 for nothing. Cop claimed I was using my cellphone, meanwhile cellphone was placed by the compartment under dashboard without touching. The gps was running but never touched the phone

    • RLF Attorneys
      February 1, 2018

      I suggest you contest this 5 point ticket. How this ticket is fought will depend on the location of the incident in question. New York is governed by two court systems – one of which has plea bargaining, and the other requires a trial.

  • Ryan
    January 28, 2018

    I was delivering for a pizzeria i work for located in Utica New York in Oneida county. The trooper was sitting in the road when he abruptly came behind me. Eventually pulled me over and asked why i was on my phone. I had told him i deliver pizza and actually keep the receipts on my lap to keep the address on hand to know where I’m going. He couldn’t prove that i was even on my phone when i asked. I had told him multiple times i was not on my phone but still wrote me the ticket. What is your best method to getting his dropped

    • RLF Attorneys
      February 1, 2018

      Ryan – the officer likely charged you with 1225(d) – a violation which prohibits you from using an ‘electronic portable device while operating a motor vehicle.’ This violation does not require proof that you were, in fact, actively engaged in a phone call. I suggest contesting this 5 point violation by pleading not-guilty.

  • Paul Healy
    January 27, 2018

    Hello,
    I received a ticket for usage of a cell phone while driving (12252c2A). This ticket issued in Suffolk County, N.Y. and is answerable in Southhampton Town Court, Hampton Bays, N.Y. I was not using a cell phone and had none in my hand. I think what the officer saw was me adjusting my hearing aid which was in my ear and generating feed back noise.

    • RLF Attorneys
      February 1, 2018

      I suggest contesting this 5 point ticket. Suffolk County does allow for plea bargaining. However, I would caution you to be certain any offer presented is optimal for your particular situation.

  • mark martin
    January 25, 2018

    my son is a fire man in manhasset,he has a app on his phone..
    got a ticket /……..seams not far

    • RLF Attorneys
      January 26, 2018

      It appears that your son has been given a ticket for 1225(d) – improper use of an electronic portable device. This violation only requires a driver to ‘use’ such a device while a vehicle is being operated. In order to provide more information, please provide us the location where your son had received the ticket.

  • Gary
    January 21, 2018

    Just received a violation for cell phone “use of portable device” I looked at my phone while at a red light. I understand now that even though I was not actively driving this is considered a violation. How do i go about getting the points to zero? She also gave me a non use of left signal. I maintain I did use my signal.

    • RLF Attorneys
      January 26, 2018

      Gary – how you contest this 5 point ticket will depend on where you had received the ticket. There are two court systems in NY, both with markedly differing procedures. If you would like to discuss further, please feel free to contact us at 888-883-5529.

  • Audrey Lasher
    January 17, 2018

    Hi! I received a ticket for having my cell phone on hand while I was plugging the charger in after it had come out do to the phone falling off of my phone holder, I told the officer this and he said I should have pulled over (on snowy roads)

    • RLF Attorneys
      January 19, 2018

      Audrey – NY traffic law prohibits using an electronic portable device while operating a motor vehicle. The statute defines ‘use’ broadly – encompassing a wide range of activities. We believe the court would likely find that this does meet the requirement for ‘using’ the device. The safer option is usually to safely pull over before handling your phone in any way. If you are interested in contesting this violation, you may contact us to discuss further. Please note – there are two court systems in NY, both of which handling traffic violations markedly different.

  • Ramon Rodriguez
    January 12, 2018

    Hi I just recently received a ticket (1225D1) for using cellphone GPS. I know it’s hard to get this ticket dismissed do you think it’ll be a possibility to plead guilty for a deal with no points and just the penalty fee. I really can’t afford the 5 points on my license.

    • RLF Attorneys
      January 17, 2018

      Ramon – in order to advise further, we need to know where this violation occurred. There are two court systems in NY, with differentiating procedures.

  • Brian Morc
    November 7, 2017

    Hi. Yesterday i received a ticket for improper use of a cell phone while operating a motor vehicle (1225D) in queens. The cell phone was in my hand. After the police officer was done writing the ticket, a different police officer came up to my window and noticed that i had a temporary inspection sticker (Because my car is new and was only registered 2 days prior, i had received a temporary inspection sticker that gives me 10 days to get the car inspected). The officer told me to peele the temp inspection sticker off, so i did and handed it to him. He then ripped the sticker a few times and “said have a nice day”. I then said “Why did you do that it wasn’t expired?” he said “Yes it is now go get it inspected. So obviously i can show proof that i was issued the temp inspection sticker 2 days prior but will this help my case in anyway? Im pretty sure thats not legal and he cant do that. any help would be great.

    • RLF Attorneys
      November 9, 2017

      Brian – this is an interesting situation you present – that I would like to discuss with you further. Please contact us for a free consultation at 888-883-5529.

  • John Kim
    October 26, 2017

    I recently received a violation of 1225-D(1) at East 128th street and 2nd ave. She was turning her phone because someone called.

    Whats the chances of getting out of the points?

    • RLF Attorneys
      November 1, 2017

      John – You are currently facing a 5 point ticket in NY. This jurisdiction is governed by the traffic violations bureau – a court system that does not allow for plea bargaining. Therefore, the only way to fight this ticket is by bringing this case to trial.

  • m
    October 23, 2017

    Hi i received a ticket on oct 8 and just learned that it was entered incorrectly into the system. Wrong last name and first name and I am from out of state. It was for 1225 C, using a cell phone. I had answered a call. I am from MI and have a MI license and it is still legal here to use a cell phone though I rarely do and only if coming from a possible emergency number.

    • RLF Attorneys
      October 23, 2017

      While not knowing the laws of a state is not an excuse for a traffic violation, the impmroperly entered information for your ticket may assist in contesting this 5 point ticket. In order to further advise you – we need additional details on the traffic stop, particularly the location of the incident.

      • m
        October 24, 2017

        Hi i received a ticket on oct 8 and just learned that it was entered incorrectly into the system. Wrong last name and first name and I am from out of state. It was for 1225 C, using a cell phone. I had answered a call. I am from MI and have a MI license and it is still legal here to use a cell phone though I rarely do and only if coming from a possible emergency number.
        m on October 23, 2017 at 2:25 pm

        Reply ↓
        While not knowing the laws of a state is not an excuse for a traffic violation, the impmroperly entered information for your ticket may assist in contesting this 5 point ticket. In order to further advise you – we need additional details on the traffic stop, particularly the location of the incident.
        RLF Attorneys on October 23, 2017 at 9:36 pm

        Thank you for your reply. The ticket was issued in Manhattan. Since receiving the ticket on Oct 8 I had tried to respond to it online but got a “ticket cannot be found” on the screen. I called the phone number that was on the “contact us” screen each week and was told it sometimes takes two weeks for the ticket to be manually entered. Finally today the woman helping me said the ticket was in the system but the first and last name were entered incorrectly. She said she could not correct any of the information because they are a third party service provider. She advised me to just enter the system with the incorrect names to respond to the ticket since today was the 15th and last day to respond. Any guidance will be greatly appreciated. Thank you

        • RLF Attorneys
          October 30, 2017

          In order to contest this ticket, you must attend the upcoming trial date that you should have received / will be receiving shortly. I do want to advise you that generally speaking, ‘clerical errors,’ will not lead to the dismissal of a ticket. Rather, the question becomes whether the officer is able to meet their burden of proof at trial.

  • Vanessa F.
    October 10, 2017

    Hi I receive a ticket in Bronx county it only says 1225 then it says 02a do you think is grounds for dismissal.

    • RLF Attorneys
      October 20, 2017

      Vanessa – While I would need to see the ticket before giving a more certain answer, generally judges are hesistate to dismiss cases for clerical errors.

  • N Ehsan
    September 30, 2017

    hi i received a 1225d ticket while i was driving and taking photo of the sunrise in Suffolk county NY please advise .

    • RLF Attorneys
      October 9, 2017

      Using an electronic portable device while operating a motor vehicle is a 5 point offense in NY. This jurisdiction is generally strict with cell phone violations. If you would like to discuss your options, you may reach us at 888-883-5529 for a free consultation.

  • Sarah
    September 25, 2017

    I received a 1225D today in the City of Oswego. I did not receive a supporting deposition. I don’t know what he saw but it took him almost 10 from when I last “used my phone” until he pulled me over. I only assume it’s what he saw because I was navigating my way home. I finally got into 104w bound and knew exactly where to go after that so I decided to take me phone out of the window mount and turn the gps off to conserve battery and most importantly to me, data. I even second guessed myself because he said he saw me on the phone so after he pulled me over, I entered to page to “clear apps” and nothing was there. Therefore, I was not using my phone for any other purpose. In fact, I answered a call over the Bluetooth in my car and was in mid conversation when I was getting pulled over. I had no need to be on my phone at that point. Could he have mistaken my snack or drinks in my hand as my phone? How should I proceed?

    • RLF Attorneys
      September 27, 2017

      Sarah – There are two statutes that are relevant here – one prohibits speaking on a telephone, the other forbids the improper use of an electronic portable device. It appears that you may have been in violation of both of these laws. I therefore suggest that you contact us to discuss your options. You may reach us for a free consultation at 888-883-5529.

  • Mike
    September 18, 2017

    I received a 1225d ticket today. I am a volunteer firefighter and I have a responder app on my phone which sounds the same as other apps going off. It sounded and all
    I did was look at it for one second to make sure it wasn’t an emergency call. Unfortunately the officer saw me at that second. Doesn’t part 3 under the 1225D law cover me and make me exempt from the ticket ? What’s the chances of beating it. It was a young rookie cop that wouldn’t even listen to my reasons.

    • RLF Attorneys
      September 26, 2017

      he issue with the argument you are presenting is that you are admitting to the underlying offense in question. The further problem is that you were admittedly unaware whether it was an emergency call. Therefore, I would generally suggest avoiding this line of argument, and rather questioning whether the officer is able to meet their burden of proof here.

  • Rick
    September 12, 2017

    Hi

    I got a cell phone ticket from an officer who didn’t see the offense but heard it across his radio. The Officers where doing a detail where they had one officers hiding some where and a few officers in the street motioning over drivers for various offense. I wasn’t on my cell phone and usually rest my hand on my head. They car I was driving had blue tooth. I told him that but he said I was either talking or texting. Going to trial with it. He didn’t see the alleged offense and I have the right to face my accuser of who I don’t know who it is. Does aspect of teamwork and the officer who wrote the ticket invalidate the ticket? Also should I print out my cell phone records from my carriers website?

    • RLF Attorneys
      September 14, 2017

      First and foremost, what offense you are actually being charged with is vital. There are two types of cell phone tickets – one is given for speaking on a phone, the other is for the ‘improper use of a portable electronic device.’ If you are charged with the second of these offenses, (1225(d)), then any cell phone records you produce will not be relevant.

  • John
    July 24, 2017

    Hi, I wanted to pose a question regarding a violation I received on a tunnel entrance in NYC. My passenger asked me to take off my phone from its dashboard stand so she could exchange power cords and as I removed it, I pointed at a cop while my phone in my hand who promptly noted what he believed was a cellphone use violation. However the phone screen was off, not being used in any form, and the phone was always at arm’s length from my ear.

    Would this still qualify as “immediate proximity” as defined in VTL Sec 1225c which would allow the officer to assume cellphone use? Would bringing my passenger to the court hearing assist in my chances of dropping the ticket? Thanks so much and look forward to your response.

    • Chris Chris Han
      December 8, 2017

      John – the short answer is – there is no clear answer. While technically it does not appear that you were violating the exact definition of 1225(c), the officer may testify otherwise.

  • Taylor
    July 17, 2017

    I received a ticket for being on a mobile device.
    The trooper provided a deposition, and I had told her that I was messing with my window control panel because it was broken and my window will not roll down and she stated that I had my phone out in my right hand in front of me for viewing with a black case. And I told her it was in my pocket. And she then stated that I pulled my phone out of my right pocket with a black case.. I did have my phone in my hand but I was not texting and driving. I don’t know why I didn’t just tell her that but I got nervous. What do I tell the judge with a plea of not guilty but with the supporting deposition?

    • RLF Attorneys
      July 20, 2017

      Taylor – You still have the option to plead not guilty. In New York, it is a violation to be holding a portable electronic device in your hand while driving. However, depending on which court is handling the ticket, it is possible to get this ticket reduced or dismissed. Contact us for a consultation to discuss how to contest this ticket.

  • Van
    June 25, 2017

    Hello,

    I received a violation of 1225D today in SUllivan. I was driving along and picked up my phone for ~3 seconds to check my GPS and change a song. What are the chances that this could bargained down?

    • RLF Attorneys
      June 27, 2017

      Xaverius – Each county differs in their policy regarding available plea offers for cell phone violations. If you would like to discuss in further detail, you may contact us for a free consultation at 888-883-5529.

  • Chuck Tice
    June 23, 2017

    I recieved 1225d this morning while using a gps on my phone. I was moving about 5 miles per hour, not that it matters. Whats the chances of getting out of the points?

    • RLF Attorneys
      June 27, 2017

      Please advise- where did this violation occur?

  • Seamus
    June 17, 2017

    I received a 1225d ticket. However I was not in violation. I was in my vechile, stopped at a red light (in traffic which was backed up for a mile), with my vehicle in park. My vechile was not in the driving gear nor was I operating the vehicle at the time my cellular device was seen in my hand from a police officer who pulled up beside me. The reason my cell phone was in my hand was because I was receiving multiple phone calls from my mother who was in a state of emergency from feeling faint from waiting outside on a corner for me to pick her up after her chemotherapy treatment.

    I understand that this may not be seen as an emergency by all but it may (and should) to most. With that said, is it worth defending myself along with her present in court to the judge by pleading not guilty. Do you believe this is worth defending with both facts to prove that I am not guilty? Or is it a waste of time because the judge doesn’t have a soul and will believe the “good ole cops word” anyway?

    • RLF Attorneys
      June 27, 2017

      Seamus, From the information you have provided, I believe the most efficient way of handling this issue is by attending the court hearing. I strongly suggest you contact my office as I would like to clarify a few facts surrounding this ticket that are crucial to the outcome. —- (eh?? idk I might of half assed this one)

  • Steve Melnyk
    June 16, 2017

    I was driving my wife, my two kids, and two of their friends to a drive in movie whose route led us through a town notorious for speeding traps. So I was intentionally mindful of my speed.

    I have a 2016 vehicle equipped with hands free mike and speaker that automatically engages to my iPhone 6 when Bluetooth is on (and it always is). I put my phone in a holder on the dashboard, and there it sat for all but a minute on our drive (I’ll explain).

    I get pulled over, the young officer comes to my window and asks if I know why he pulled me over (I knew i wasn’t speeding), and honestly answered, “No, I don’t.” He said, “I saw you talking on your phone.” I said, “No I wasn’t. I’m using it for directions.” Then I took the phone out of the holder and showed him the direction screen on the phone.” He said, “I saw you.” He said, “you can’t even touch it while you are driving.” I said, “I’m, it’s hands free,” and pointed to the speaker and mike above me built into the ceiling of the vehicle. I replied, “I’m not going to argue with you”, and gave him my license. He asked, “Do you have a clean license?” To which I honestly replied, “Yes, I do.” Showing him I wasn’t talking by taking my phone out of it’s dash holder was the only time it was out of the dash holder.

    He came back with my license and said “Yeah, it’s pretty clean.” No, it is very clean except for an out-of-state speeding ticket (Virginia) when I was stupidly rushing to the airport to make a flight home; I missed the flight. He explained the ticket and my options and I assured him I would be showing up on the court date. Then he did this weird thing, he stuck his head and shoulders into my window (to the point I had to recoil back) so he could see the kids and told them, “you see this kids, never talk on your phone while your driving.” Crickets. The kids (all in 7th grade) were wide eyed and stunned as they knew I was not on my phone.

    I read and practice to never argue with an officer for a traffic stop as that is not the court. However, after driving away, my wife and I tried to figure out why he thought I was talking on the phone. I was talking a lot, because there were 5 other people in the car, so I’m sure he saw my lips moving. However, what was I holding in my hand that he thought was a phone an d then it dawned on me. The only two things I could remember holding while driving were my sunglasses and (bingo) a small hard black plastic water proof container made for holding change, cash, a credit card, keys, etc., when you are going in the water. It’s got a thin rope that you can wear around your neck or tie to your bathing suit. It is almost exactly the size of a cell phone. The reason I had it with us was for my son to use at the drive-in (they have an arcade and mini golf) to hold money I give him to wear around his neck. He has ADHD and loses everything, and money spills out of his pockets at this drive in because in addition to a play ground they have huge inflatables that kids bounce, climb and slide on before the movie. I was holding it in my right hand near my face telling my son (who was in the seat behind me) to take it and keep his money in it. I’ll bet I wasn’t holding it for more than 10 seconds, but I’m positive now that must be what he saw, and with my mouth moving, assumed it was a phone.

    My iPhone has the “Hey Siri” function, so I don’t even have to touch it when it is in the holder, I just say “Hey Siri,” and the phone comes on, and then I just say Siri, get me directions to the Sxlxex Lxkx Drive-in.

    I was not on my phone talking (call records vs the time of ticket demonstrate this.” The phone was in use providing directions, but it was in a dash holder and I was using the hands free feature of the vehicle.

    I can’t prove a negative, but I can offer a preponderance of the evidence because in addition to my explanation for his mistake, I have the phone record (no conversation) and the change case. I also have the hands free equipped vehicle, and the dash holder, which if the officer is honest, he will recall I removed it from the dash holder to show him the phone was in use for directions.

    What are my chances?

    • RLF Attorneys
      June 27, 2017

      Steve, while the points you argued are valid, the violation written on the ticket plays a vital role in whether your cell phone records will suffice or not. In order to further assist you, please provide the violation number listed on the ticket.

  • David
    June 11, 2017

    Hello! I have received a violation of 1225C2A in Nassau County. The phone was on my right hand, while my left was firmly on the steering wheel, fully attending to the road before me. And since I have no phone holder, I was following my GPS while in my right hand. I was not speaking into the device, but simply holding it where visible at the time the trooper observed me. Does 1225C2A, not apply I’m my case?

    • RLF Attorneys
      June 14, 2017

      David – due to the complicated procedures involved in handling these types of violations in this jurisdiction, I strongly suggest you contact us to discuss further. You may reach us at 888-883-5529.

  • Dan
    June 9, 2017

    I was given a 1225d ticket in Staten Island, NY. I want to contest the ticket and insist that the officer provide evidence that supports the ticket. I am not content with simply paying the ticket.

    • RLF Attorneys
      June 14, 2017

      Dan – you may bring this matter to trial, whereby you will be able to cross examine the police officer. Please note – even if an officer does not have evidence other than their recollection, you may still be found guilty. Cases in this jurisdiction typically hinge on whether the court finds an officer’s memory and/or notes credible.

  • Sebastian
    June 8, 2017

    Hello. I received a 1225d violation from a Transit authority cop while driving thru the cash toll lane of Triboro bridge in New York City. The phone was in GPS mode and secured in a car mount. I guess the the p/o saw me from his high post reaching to my phone and clicking one the screen once, which I didm however, I never held it in my hand. Is this a viable defense argument? Also, how much is the cost to have this matter handled by your lawyer? Thank you kindly in advance!

    • RLF Attorneys
      June 14, 2017

      Sebastian – this is an intersting question that will ultimately be decided by the judge in this case. The issue here is going to be whether the court believes that you were ‘using’ the phone as per the definition of the statute. This case will likely come down to a highly technical argument based on this one legal definition. If you would like to discuss further, please feel free to contact us at 888-883-5529.

  • CK
    June 7, 2017

    I just recieved a ticket in violation of 1225-d1 in the bronx. I was sitting in my car, right hand on steering wheel, in traffic. The car had not moved in a few minutes and i would only be able to drive 10 feet every few minutes or so, so I had been on that street for 15 minutes already. I had my phone in my left hand and looked at it to see if my mom had called looking to see why i was late. Suddenly theres a knock on the passenger side window signaling for me to pull over. The officer mumblea something and all i can hear is, “for texting.” I told her that i was not texting and that i just looked at my phone. She asks for my license and registration. I gave her my license and told her i had to reach behind my seat for the registration. I went to reach for it and she told me she didnt need my registration and just tool my license and wrote the ticket and said, “you have 15 days to dispute it.” I have never gotten a ticket before in the over 10 years or driving. Is there any way to fight this? I really cannot afford 5 pts and for my insurance to go up. Thank you.

    • RLF Attorneys
      June 14, 2017

      You may contest this ticket by bringing this matter to trial. The Bronx is under the jurisdiction of the traffic violations bureau, that does not have a system for plea bargaining or negotiations. Please note – the burden of proof rests on the officer at trial.

  • Sholom
    June 4, 2017

    I received a 1225 c ticket. How wouldi go about fighting it and what are the chances of winning or reducing?

    • RLF Attorneys
      June 12, 2017

      There are two court systems in NY, that handle tickets markedly different. In order to answer your question, we must know the location of the incident.

  • Sanjay
    June 4, 2017

    122S D at Verrazano-Narrows Bridge  

    I was at a standstill waiting for the tollgate to open. It was at this time, I glanced at the phone place on the passenger seat. The inspector, who was standing at the toll gate, cited me the ticket.
    I was neither talking or texting on the phone.

    • RLF Attorneys
      June 12, 2017

      In order to contest this 5 point ticket, you must bring this matter to trial where your case will be decided on whether the officer may prove, by clear and convincing evidence, that you were violating the statute.

  • Sanjay
    June 4, 2017

    1225D.

    Loation: At Verrazano-Narrows Bridge,

    Situation: I was waiting for the tool gate to open. During this, I glanced at the phone, which was securely placed on the passenger side. It was at this time, the officer who was standing by the toll gate asked me to pull over.

    I was neither talking or texting on the phone.

    • RLF Attorneys
      June 12, 2017

      In order to contest this 5 point ticket, you must bring this matter to trial where your case will be decided on whether the officer may prove, by clear and convincing evidence, that you were violating the statute.

  • J.I.
    June 3, 2017

    Hi, I was using my phone’s GPS in an unknown neighborhood, however I was still given a ticket. The phone was in my lap and I looked down. I cannot afford these 5 point on my license please help!

    • RLF Attorneys
      June 12, 2017

      J.I – where did this violation occur? Please advise, as the procedures vary widely between the many courts of NY.

  • Reneed Ortiz Salvesen
    June 2, 2017

    I received a 1225c2a on the Ny State thruway at 512 pm. The State trooper observed me on my cell phone in the left lane while I was in the right lane…3 lanes over during rush hour. I had mt cell phone in my hand but was linking it to my bluerooth. It looked like I was talking on my phone but actually talking through my radio. I am willing to plead I have a clean driving record and have never been pulled over for a cell phone. Thos tocket was given in Ramapo Ny will they plea..

    • RLF Attorneys
      June 12, 2017

      This court does allow for plea bargaining. However, I woud advise caution as to what offer is being presented to you.

  • Reneed Ortiz Salvesen
    June 2, 2017

    I received a 1225c2a. I have never been pulled over for a cell phone. I was trying to link my bluetooth to my car and had my cell phone in my hand to make sure it was linked. I was talking to my husband but through my bluetooth in my car but again cell phone in hand cause I was testing the bluetooth. I have a clean record. The officer wrote on the ticket that he was in the left lane I was in the right lane during rush hour at 5:12 pm and from 3 lanes over he observed me talking. Im pleding not guilty I was trying to be hands free. I hope to get the ticket reduced. I am willing to pay the maxium amount. This ticket was given by a Sate Tropper on the NYS thruway in Ramapo Ny. Do they plea?

    • RLF Attorneys
      June 14, 2017

      Reneed – Plea bargaining is possible in this court – although there is no obligation by the state to offer any reduction. I would also caution you to pay attention to the specific violation

  • Jaimi Feliciano
    May 30, 2017

    I got stop this Sunday, I was not talking on my phone, I was using it as a gps to get to R&R dude Ranch. i was lost, and looked to confirm that the next destination was to turn to my left. 10 min away from my destination. This occurred in Otto, New York, I was driving from Buffalo, NY. I have no tickets, and been driving for over 20 years without any violations. Do I plead guilty for using my phone as a GPS?

    • RLF Attorneys
      June 12, 2017

      Jaimi – I suggest you contest this 5 point violation as it will have substantial impacts on your insurance rates.

  • LynneC
    May 25, 2017

    I received a 1225d ticket in Kenmore, NY. Officer said he observed me with my phone in my hand, looking down. I was simply moving the phone from my lap to the seat next to me. The case is also my wallet and I looked down to verify I had returned my credit card. Do I have a position for bargaining? I am wondering if Kenmore, NY allows plea bargaining. Also, how do I go about obtaining my phone records to show that there was no data transaction? Thank you!

    • RLF Attorneys
      May 30, 2017

      Lynne – This jurisdiction does allow for plea bargaining, although I would warn you to take caution as to what you ultimately plead guilty to. As a 1225(d) ticket encompasses a wide range of activities on your phone, ‘data usage’ information is generally not helpful.

  • Rachel
    May 23, 2017

    Hello. I was eating fruit from a snack box in my left hand. My phone popped out of my GPS holder and meanwhile I was leaning over to push my phone back in, I was stopped by a cop. On my summons, it says that I was on a purple device. My phone is blue and my snack box is purple. I want to fight this ticket but I’m unsure as how to fight it.

    • RLF Attorneys
      May 24, 2017

      Rachel – in order to assist you, please advise where this violation occurred.

  • Victoria
    May 19, 2017

    I received my first ticket ever today for texting n drivingin yaphank ny. I will admit I was turning my blue tooth on to call my daughters father while I was bringing her to the hospital. One click. No texting. While my daughter was screaming in the back seat in pain this officer took his sweet time to give me a ticket. Is it even worth this to fight or should I just plead guilty and pay the fine.

    • RLF Attorneys
      May 25, 2017

      Victoria – while we empathize with your motives for using your phone, this is unfortunately not a defense. I suggest you contest this violation to avoid / mitigate the fines, points, and insurance implications.

  • Cody
    May 17, 2017

    Pulled over in Brooklyn. Officer asks what i was doing with my hands in my lap then asks me if I was looking for drections in my gps. I said “yes” thinking that he was trying to help me out. I actually wasn’t even on the phone. Takes license and registration and asks to see my phone with the map on it. The phone was in the crack between the seat and center console as it usually falls there when i drive. He allows me to meanuver the seat to grab the phone. I turn it on and he says ok and walks away. I also hand him police union cards from immediate family to which he replies “this will save you”. He still came back with a ticket. Since he never saw my with the phone in my hand can i fight this?

    • RLF Attorneys
      May 25, 2017

      Cody – you may contest this ticket as it is the officers burden to prove, by clear and convincing evidence, that you were violating the statute in question.

  • Eray Bilgin
    May 17, 2017

    Hi got a ticket 1225D yesterday , how can you help me about not to gain 5 points . Waiting for your reply thanks

    • RLF Attorneys
      May 24, 2017

      Eray – in order to further assist you, please provide more details – particularly the location of this incident.

  • Eray Bilgin
    May 17, 2017

    Hi i was driving flushing ave ridgewood Ny yesterday and try to find an adress of a wholesaler at the momenent i was using google map inorder to find the right way but my phone was on the passanger seat . Just for one second i couldnt see the screen for a while bec of the son and at that moment officer saw my phone on my hand and i got a ticket 1225d , so how can you help me with out gaining 5 points ,and for that how much do l owe you for this ? And how much do i pay for fine or do you dismiss it ? Thanks waiting for your reply

    • RLF Attorneys
      May 25, 2017

      Eray – We can help you contest this ticket by either negotiating with the prosecutor, or taking this matter to trial. You may reach us at 888-883-5529 to discuss potential strategy, along with our legal fees for these services.

  • Sarah P
    May 6, 2017

    i received a 1225C2A cell phone violation ticket in white plains ny from a state trooper. i was using my phone on speaker in slow moving traffic. i am aware that i was in the wrong however plead not guilty as i have a clean record and and am hoping for a plea of some sort. are pleas possible with nys troopers in this area? what is the max fine they can give me to not have points on my license? any pointers on how i can get them to reduce the points, i would be willing to pay a higher fine. thanks!

    • RLF Attorneys
      May 11, 2017

      The maximum penalty for a cell phone ticket is $150 + 93 court fees for the first offense. Pleas agreements may be possible in this court system. Please be cautioned as to the final charge issued against you, as even a reduced penalty can have substantial consequences.

  • Jen
    May 4, 2017

    I just got a ticket for holding my cell phone in Binghamton ny. I was holding an iPod I took from my kids because I told them to give it to me as they were fighting over it. I was told by friends I can’t fight this…

    • RLF Attorneys
      May 11, 2017

      Jen – it is possible to contest this ticket. Please be advised – using an iPod while operating a vehicle has the same legal implications as using a cell phone.

  • Angela
    May 2, 2017

    I received a ticket for mobile device. Got the ticket while I was at the gas station. I am in a SUV. The officer is in. Sedan. How can he see what’s in my hand if y car is higher than his. Can I fight this case ? I am so pissed. This took place in the BRONX

    • RLF Attorneys
      May 11, 2017

      Angela – In order to contest this 5 point violation, you must set the case for trial. You will then have an opportunity to cross examine the police officer that gave you the ticket. If you would like assistance contesting this violation, you may reach us at 888-883-5529 for a free consultation.

  • paul friend
    May 1, 2017

    I was stopped waiting for the red light to change so I picked up my phone and then suddenly a police officer was banging on my passenger window requesting my license and registration. I asked why. He stated you where using a electronic device while driving. I told him I was at a red light completely stopped and I was going to check for directions on my phone. Again he requested license and registration. I gave him my documents and he gave me a ticket. He did not ask me any questions why I was holding the phone. I had out of state plates also.

    • RLF Attorneys
      May 8, 2017

      It appears you were ticketed for either a 1225(c) or 1225(d) violation. In order to provide you with accurate information, please provide us with the location of this offense, as well as the specific violation code on the ticket

  • mark morrelae
    April 25, 2017

    Hi, my son got a cell phone ticket for looking down at possibly a cell phone the officer said.
    The phone was in his pocket. I have his phone records, no calls or texts. he got a 1225(d). the officer even explained to him how to reduce it. We want 0 points out of this since he did
    absolutely nothing wrong. Will we need a lawyer for this? It is zip code 13417 new York mills ny near utica

    • RLF Attorneys
      April 27, 2017

      As 1225(d) tickets are alleging improper use of an electronic device, the proof you have obtained may not be sufficient. There are many ‘uses’ of a cell phone that do not produce documented records. However, this matter can nevertheless be contested or negotiated.

  • Janet Garlick
    April 22, 2017

    Hello,

    I received 3 tickets during a traffic stop in January 9in Malverne: censed operator, and inadequate lights (headlight out). Because the officer was particularly rude and nasty to me, I met with the village deputy mayor and the Chief of police on the matter, after which they reviewed the officer’s body/dash cam footage- of course, they claim he wasn’t rude, etc. However, the footage evidently reveals that 1. phone is in my hand, resting near the steering wheel but you cant tell if its being “used” (I was NOT on a call, and I have pulled my AT and T record for that day/month and calls, textor data usage appears). I actually have a dock- the phone was in my hand because IT SLIPPED OUT AND I CAUGH IT (which isn’t on the video). 2. The officer looked up my license in his car, but couldn’t find the code for failure to exhibit documents, so he just put the unlicensed operator in despite pulling up my valid license on his computer while I waited. Finally, the officer filled out the ticket indicating that I must appear in court for the headlight but not the other 2 violations, and according to my cursory search, the cell violation and the unlicensed operator both require appearance. The officer gave me no instructions verbally when he handed me the paperwork and walked away. I a have a prior cell violation still active on my record and I am in my final year of the driver responsibility fee, due in November. Ive mailed in my NG plea and I am scheduld June 24 in village court for the conference (I’ve postponed this twice). Please tell me where I stand? Thank you.

    • RLF Attorneys
      April 27, 2017

      In order to provide a detailed answer to your question, please contact us for a free consultation. I would like to clarify the specific charges alleged against you.

  • cassandra plaza
    April 8, 2017

    Hi,

    This past Jan I was pulled over in Oysterbay, NY while driving to work. I noticed the cop behind but didn’t think any of it until he pulled me over and asked if i know why and of course i said no i did know. he stated that it was because i was texting while driving and i was not. nor did i have my phone in my hand. I am in the Military so my driver license is in texas and my car registration is in PA. How can i plead not guilty and win if his only argument was that he “observed me looking down” which he did not state to me at all or imply how he figured i was texting and driving. i already made the initial court appearance and plead not guilty. and just got my second summons. how can i fight this to prove my innocence when in fact i was not driving and texting. i know more over that its his word against mine and his will win. i need help.

    • RLF Attorneys
      April 14, 2017

      Cassaandra – you may contact us for a free consultation to discuss potential strategies to win your case. The burden of proof is on the police officer here – they must prove that you were violating the statute. Proper cross examination can result in the dismissal of the charges against you.

  • John Sanatore
    April 7, 2017

    Just got a ticket in queens, NY I understand that is a TVB court and hard to defend I guess the most we can do is to delay court appearance How much would you charge to defend?. My phone record shows a missed call right before he wrote the ticket I can argue I did not use the phone

    • RLF Attorneys
      April 13, 2017

      John – what specific violation are you being charged with – as there are two separate cell phone offenses.

  • Nathaniel Messano
    April 7, 2017

    today as i was driving through NY i got pulled over for using my cell phone as a gps while i had headphones making it a hands free device. i showed the officer my latest texts and phone calls and he still proceeded to give me the cell phone tickets i am a resident in NJ and i already have 6 points on my license as an 18yr old should i plea not guilty on the court date to get the points deducted.

    • RLF Attorneys
      April 9, 2017

      Nathaniel – while you should plead not guilty, the strategy utilized will depend on which court is handling your case. Additionally, points may not transfer to NJ for this violation.

  • Chris
    April 6, 2017

    I was driving a commercial vehicle en route to my next stop, when my work phone alerted my battery was low. It is company policy that the phone being on all times while driving. So, the charger was in the outlet, but there is also a case that the work phone goes in to be plugged into the charger, so the phone can charge. The case for the phone was in the middle console and I took it out and was holding the case in my hand. I was about 5-10 minutes for my next stop and was going to charge my phone at my next stop. At no point did I pick up the phone, only had the case for phone in my hand. It was
    raining really hard that day. So, i was ticketed for being in violation of 1225d. I am going to plead not guilty and fight this in court. I currently have a squeaky clean drivers license and hope to get this ticket dismissed. any comments would help

    • RLF Attorneys
      April 6, 2017

      Chris, while we would be happy to help you – we need to know where this violation occurred. There are 2 court ssystems in NY, each having markedly different procedures for handling cell phone violations.

  • Siobhan
    April 4, 2017

    I received a 1225d ticket in the Bronx. I wasn’t texting g or using any apps. I moved my cell phone from the console to my cup holder. The officer saw it in my hand.
    My husband thinks I should just plead guilty and pay fine. I think I should plead not guilty . Is it automatic points if you send it in guilty? What are my chances of fighting this ticket if I go to trial? Thanks

    • RLF Attorneys
      April 6, 2017

      5 points will be assessed against your license if you plead guilty. Contesting this ticket will require a trial – as there is no plea bargaining system in this jurisdiction.

  • Kathryn
    April 3, 2017

    Hi! I received a ticket in Suffren area (Montebello Court) for a 1225D ticket – I was using my cell phone for GPS navigation and it had fallen off the mounting device so I was putting it back in. Additionally, the ticket was written with the wrong address, wrong car, and said my car was registered in the wrong state (NY not PA). Any advice on fighting it?

    • RLF Attorneys
      April 6, 2017

      Kathryn – general clerical deficiencies will not typically result in the dismissal of a ticket. However, if the officer is unable to prove that you were using your phone in a manner prescribed by the statute, then the case against you will be dismissed. If you would like to discuss further strategies, you may reach us at 888-883-5529 for a free consultation.

  • Mike
    April 2, 2017

    I’m from PA and was coming home through NY. I was unaware of the cell phone law as we do not have this law in PA. I know ignorance is not a defense and PA laws mean nothing in N.Y. It’s a 6 hr drive from home so a court hearing is not feasible (missed work, tolls, gas, etc…) I’m just curious as to what amount do you think this will add up to? Do points go on my PA license? And why do you have to plead guilty ion order to find the amount of the fine? My PA license is clean. Thank you.

    • RLF Attorneys
      April 6, 2017

      Mike – the penalty for a cell phone violation is approximately $293.00, along with 5 points against your NY driving record. While points may not transfer to PA, the violation will – thus potentially increasing insurance rates.

  • James LaManna
    March 23, 2017

    handheld device ticket while stopped in traffic on the long island expressway. i called and left my contact info as well. first ever offense for anything at 36.

    • RLF Attorneys
      March 24, 2017

      This is a 5 point violation which can cause a spike in your insurance rates, even for a first offense. We will contact you for a consultation to discuss your options and how we can help you fight the ticket.

  • Fausto morel
    March 22, 2017

    I just got a cell phone ticket while I was reading an email in traffic not moving on 128 st 2nd Ave manhattan ny

    • RLF Attorneys
      March 24, 2017

      In New York, you can be issued a cell phone ticket for “holding your electronic device” while driving. This is a 5 point violation which carries a $138 fine. Contact us at 888-883-5529 for a consultation to discuss your options.

  • Midge
    March 22, 2017

    I entered an address into my phone for GPS while stopped at a red light and was putting it back in the holder. The officer said he saw the phone in my hand. I explained what i was doing. I received a ticket for 1225D. I graduated college in 6 weeks and have a great job lined up where i need a clean license to be hired. what’s the best way to fight this? thank you

    • RLF Attorneys
      March 24, 2017

      This is a 5 point violation which can cause a significant insurance hike. Depending on which court is handling your ticket, you may be able to get the penalties reduced or dismissed entirely. An experienced traffic ticket attorney can help you obtain the best result on your case.

  • Kevin
    March 5, 2017

    Kevin ,I just recieved a 1225c2a …. the officer stated he witnessed the device in my hand … not near my mouth or ear ….. I explained my dash lights malfunction and I was using the flashlight for the guages…. is this the wrong ticket ?

    • RLF Attorneys
      March 13, 2017

      Kevin – from the information you have provided, it appears that the violation more appropriate for this situation is VTL 1225(d) – improper use of an electronic portable device.

  • Aimee D
    March 3, 2017

    My 16 yr old son rear ended someone when he took his eyes off the road for a second and looked over at his cell phone that was on the passenger seat next to him. The girl he rear ended told the officer he was on his cell phone (it was dark and she initially said she never saw him coming) and my son told the officer he glanced over at the seat with his phone on it (without a parent present). He was issued a ticket for Operating a MV while using a portable electronic device (1225D). The DA offered to plea it down to a 2 point moving violation. Should we take the plea or fight it at trial?

    • RLF Attorneys
      March 3, 2017

      Because there was an accident involved here, I strongly suggest you contact us to discuss further. We offer free consultations at 888-883-5529.

  • Alphonse DiAmbrosio
    March 2, 2017

    I was not on a call or texting but was in the process of shutting it off and received a ticket.
    The officer said he realized I was not texting or making a call and wrote the ticket with the working ” operating a vehicle while holding a phone” with the code 1225-D1
    what is the difference between 1225-D and 1225-D1 ?
    What is the $ for this violation and are there points for this violation ?

    • RLF Attorneys
      March 3, 2017

      You are facing a 5 point ticket for using an electronic portable device while operating a motor vehicle. The distinction truly arises between 1225(c) – talking on a phone, and 1225(d) – using a device.

  • brian
    March 2, 2017

    i just received a ticket this am for violation of 1225c2a. the ticket which is a computer printout clearly states the time of infraction was 5:56 AM. the infraction actually occurred at 8:30AM. is this enough of a mistake it legally insufficient? or to cross the officer and get him to admit parts of the ticket wrong especially if his tour didn’t start till after 6AM?(im not sure when his tour started just guessing)

    • RLF Attorneys
      March 3, 2017

      While this is a valid argument to bring up while contesting your ticket, the ultimate decision will rest with the judge. Please remember that generally speaking, clerical errors are not sufficient to lead to the dismissal of a ticket.

  • Jack
    February 26, 2017

    Hi I was using the GPS function on my phone when the police officer observed me and issued a 1225D, in his report he stated that I was holding the phone with my right hand, now that is kind of true but the phone was actually attached to my dashboard through a mounting device and I was just stabilizing the GPS, am I exempt from this law because the phone was technically mounted? Court is riverhead ny town court

    • RLF Attorneys
      March 9, 2017

      Using a phone while operating a vehicle is a 5 point ticket – which is what you are charged with here. I strongly suggest you contest this ticket, to avoid the fines and / or mitigate the increased insurance rates.

  • Alfred
    February 19, 2017

    Greetings I recently I ticket VTL 1225D this month of February for putting my phone on my gps stand, after reading this does gives my 5 points on my license. How can I beat this ticket ? and how can I importantly get the points of my license if I do not win the case ? Is it still possible to get it removed

    • RLF Attorneys
      February 21, 2017

      Alfred – In order to provide information regarding this 5 point violation, please advise as to the location of the incident. There are 2 court systems in NY that handle cases markedly different.

  • hope
    January 30, 2017

    If you get a ticket for cell phone and its a first time do you still have to go to court. Can you just pay the ticket and not have to go to court

    • RLF Attorneys
      January 31, 2017

      While you typically can plead guilty via mail, we suggest contesting the ticket, as it does carry 5 points onto your NY license, as well as a fine of $243 and additional fees. You can reach us at 888-883-5529.

    • RLF Attorneys
      February 6, 2017

      Generally you may plead guilty online, although that is highly discouraged as this is a 5 point ticket.

  • Tracy McManmon
    January 28, 2017

    I was stopped today and received a ticket for being on my cell phone. The kicker is I was on my bluetooth I just had the phone in my hand. I use not using my phone.

  • sarah
    January 27, 2017

    impropet cell phone,tiket in quens.

  • Leah
    January 25, 2017

    I was holding a phone, but was NOT using it, and Officer did not dispute that when I said so. Gave me a V225d, which is not legible in the “description/Narrative” box. Also, officer did not print his name and rank. Is this worth fighting?

    • RLF Attorneys
      January 26, 2017

      In order to provide an accurate answer, we need to know what court will be handling your case, as the procedure varies greatly.

  • Sara
    January 18, 2017

    I received a 1225(c) the other day. I was in Brooklyn, calling my doc from a parking space (while the car was in park) on a side street to tell them I’d be late. I pulled out of the space as I was finishing the call, and a cop was right there at the corner. The car was in motion for less than ten seconds before the phone was down, and I was pulled over for those ten seconds. I want to appeal, but not sure how.

    • RLF Attorneys
      January 24, 2017

      The question is whether your car was in operation while you were engaged in a call. How llong you were on the phone unfortunately does not play a part here. You may none-the-less contest this ticket. You may contact us for a free consultation at 888-883-5529.

  • Scott
    January 11, 2017

    I recently received an Improper Cell Phone ticket in Brooklyn. I just moved from Massachusetts, where it is legal to be on the phone, and had no idea it was illegal in NYC.

    Moreover, my boss knew I was driving and called me, which he never does. I picked up the phone for 3 seconds thinking it was an emergency of some sorts. It’s my first offense and I really can’t afford to have the points on my license because it would hurt my job. Do you think these reasons are strong enough to fight the ticket?

    • RLF Attorneys
      January 13, 2017

      Scott – Unfortunatley, ‘ignorance of the law’ is not an excuse for a cell phone violation. Additionaly, the emergency exception is narrowly tailored, and does not include phone calls from your employer. Notwithstanding this information, it is still possible to contest your ticket.

  • Keith
    December 13, 2016

    I have a 1225-d ticket. The cop said there’s. No jnsurance points does that mean no liacense points. If there are points how do I fight it

    • RLF Attorneys
      December 13, 2016

      Unfortunately, a ticket for this violation will add 5 points to your driving license, and will substantially increase your insurance rates. In order to provide further information, we need to know which court is handling this case, and where you are licensed to drive.

  • GARY [TWA TRUCKING] E MORGAN
    December 1, 2016

    i got a cell phone ticket along time ago.i need to know how to fix this .i dont have the ticket number.can you help

    • RLF Attorneys
      December 7, 2016

      You should contact the NY DMV to determine where you received this ticket. When you have obtained this information, you may reach us at 888-883-5529 for a free consultation.

  • Eugena Holman
    November 9, 2016

    I was ticketed in Queens with a 1225(c) Use of Cell phone. I answered my cell phone and put the phone on speaker and placed it on the console while stopped at a red light. After driving for a bit the officer pulled me over. The charge is use of a cell phone while Vehicle in motion but I was not moving when I answered it. I am totally confused because I have not ever done this before. I am a professional bus driver and can not afford to have points on my license.

    • RLF Attorneys
      November 15, 2016

      The argument you present here is an interesting one. While your vehicle was not in ‘motion’ as per the precise language of the statute, courts generally rule that a vehicle is considered in motion if it is in the flow of traffic. You may contact us for a free consultation to discuss your case in further detail. You may reach us at 888-883-5529.

  • Joseph
    November 5, 2016

    Hi,I was in interview in Utica,NY and in the way to the airport I had my Phone on GPS and I was taking a u-turn.The officer gave me tickets one is using a portable device which I showed him no records of calls and the other he considered my turn is moving from lane unsafely.I want to plead unguilty but he gave me a supporting deposition for both.please advice,I am from CA and can’t get back to NY for court either.thanks

    • RLF Attorneys
      November 7, 2016

      In order to provide further information, please contact me at 888-883-5529. There are two types of cell phone violations, and the strategy of handling them differs based on the violation type.

  • Scott
    October 24, 2016

    I got a ticket tonight and the ticket says “improper use of cell phone”
    What does that actually mean. I did admit to the officer I was talking on speaker phone
    which he said is not allowed in nyc…only hands free
    which I was not. I had one hand on phone and other on wheel.
    Should I just pay the ticket..it is $138

    • RLF Attorneys
      October 31, 2016

      Scott – in order to provide further information – please advise us which court is handling your case, as the procedures vary greatly. Generally speaking, you are facing a 5 point ticket that carries substantial fines and penalties. I strongly suggest you contest this ticket to avoid these consequences.

  • Derek B.
    September 20, 2016

    Adam, I received a VTL 1225D a few days ago. I will admit I was texting but I was stopped at a stop sign while I was texting and had even checked around me before I started to make sure I wasn’t holding up traffic. This if my first offense of this kind and do not have any points on my license. It took place in Orange county. Can I plead bargain and maybe not get any of the points and just pay a fine?

    • RLF Attorneys
      September 23, 2016

      Derek – Unfortunately, even if you are stopped at a stop sign, an officer can still issue you the ticket because you are still considered to be operating a motor vehicle. However, this is a ticket which carries 5 points and can cause a major spike in your insurance rates. By pleading not guilty, you will have the option to get this ticket reduced.

  • Peter J
    September 18, 2016

    Cell phone ticket 1225-D – I was on the Cross Island Parkway in literally bumper to bumper traffic around 5:30, pure rush hour home traffic, at every stop, I would type a part of a short message and at this one point where I had the phone and was putting it down as I saw the traffic moving, an police officer in an unmarked car saw me and pulled me over. I do not have points and pretty much have a clean record. Can I contest the ticket to at least get no points?

    • RLF Attorneys
      September 23, 2016

      Peter – I recommend you plead not guilty and fight this ticket. If you were to plead guilty, you would have 5 points imposed on your record, along with a $138 fine and a significant auto insurance increase.

  • James
    September 17, 2016

    Hi I got a ticket a ce ll phone ticket yesterday I am a Nj resident, I was on driving and there was traffic, and I had stopped at the red light and right in the middle of the traffic before I made a turn I saw some cars pulled over to the side, I was minding my business and all of a sudden a cop walks from the far left of the street right in the middle of the traffic to the middle lane where I was taps on my window I was really nervous he asks me to pull over and starts fishing around looking in my car, its weird because I had operational issues with my iphone i.e the so called ” touch disease” the screen wasn’t responding and right when I got a call from T-Mobile to request a replacement, I had was attempting to answer and activate handsfree and placed the phone on the cradle, I was not in motion at all. the officers was looking all around my vehicle then he asks for my license , then walks away as if he made a mistake he comes back and asks for license and registration, I ask him if this is a spot check he says yes, before this i ask why he pulled me over e.t.c I wait and 10 minutes after I get a ticket for cell phone, I believe I was targeted and they were trying to make quota, no bias here, I have noted and seen other people including officers on their cell phones while driving, considering the term moving violation when I look at moving does this mean while I am driving and my car is in motion, if I am stopped at a light and say I answer a call via hands free.this is just a question separate from the above situation does this still fall under moving violation what is the clear application of the law, I feel that it’s not being applied appropriately, and it’s being mis-understood by citizens, why should I get a cell phone ticket if I am using a hands free device, what’s the purpose of hands free technology if the law is against its use by citizens while driving, we live in a digital generation should the law be more supportive of this but yet cautionary, I feel the same way about red light camera’s if my phone slipped in and I was at a red light and I had picked it up safely with no movement and a cop sees me in NY and gives me a cell phone ticket, I feel the law needs to be changed. , anyway I have clean record and I don’t want 5 points , will this hurt me in NJ, how can I fight it. how do I request a plea bargain if it gets to court, do I first plead not guilty.

    • RLF Attorneys
      September 23, 2016

      James – due to the complicated facts of your case, I suggest you contact us for a further discussion of the potential defenses and arguments we can make in your case.

  • Ram
    September 16, 2016

    Hello Adam, After stoping at stop sign i saw that upcoming car was more than half block away. Hence I quickly took right turn (I was under speed limit since i stopped my car at stop sign); however, the upcoming car was in speed and it came so close to my car that driver had to break(and this car was none but a cop SUV-state police). I was pulled over, of course. He banged me with 1143(coz i hurt his ego by not giving him right of way and he has to break his govt.owned vehicle) and 1225(d). I surprised why he gave me that when my cellphone was on gear box of my car not on my lap, hand or anywhere it can touch me physically. Even in both of these tickets he mentioned that ticket issued based on “Observation”

    The court is East Greenbush County Court in Rensselear Area NY. My question to you is shall i just appear on court date and “Plead not Guilty” or its better to higher attorney.

    Your suggestions will be greatly appreciated.

    • RLF Attorneys
      September 23, 2016

      Ram – I suggest you hire an attorney for this violation. You are facing 8 points in total, which will entail significant fines and a substantial increase in your insurance rates.

  • Allyson
    September 9, 2016

    Hi Adam-

    I got a 1225(c) ticket the other day, I have plead not guilty. I have to go to court in the Village of Bloomingburg in Sullivan County NY. I was just curious if you could tell me if that court offers pleas or reductions?

    • RLF Attorneys
      September 9, 2016

      Allyson – plea bargaining is available in this court system.

  • Heidi
    September 8, 2016

    I am an Ohio registered/licensed driver & resident who received a 1225(D) in August 2016 while using my handheld cell as a GPS. This occurred in Babylon, Suffolk County NY; is my first violation ever of this kind; I currently have 0 points . plea due by October. What does this mean for my points in NY, OH and what is the fine? Please advise. Thanks so much

    • RLF Attorneys
      September 9, 2016

      While we can not advise you on the point system of OH, please be advised that a cell phone violation in NY is a 5 point offense. While strict, suffolk county does have a mechanism to contest cell phone tickets.

  • Charles
    August 26, 2016

    Hi Adam. I recieved a ticket for talking on a cell phone. The code on the ticket is 1225C2A. My car has blue tooth and I was using the phone as a gps and not talking just holding it to see the map. I got it on the NY17 near Wurtsboro. Can I fight the ticket and avoid the points

    • Adam Rosenblum
      August 30, 2016

      Charles – This ticket carries 5 points, a fine of $138 and can significantly increase your auto insurance rates. I recommend you fight this ticket. An experienced traffic attorney can help.

  • Jeff
    August 20, 2016

    Hello, I just got a ticket for using an electric devise. This is my first offence for this. I have a clean drivers license, will I get the 5 points or can I get it reduced?

    • RLF Attorneys
      August 23, 2016

      Jeff – whether a reduction is possible depends on which court has jurisdiction (authority) over your case. Please advise so we may provide further information relevant to your case.

  • shlomo
    August 19, 2016

    HI I am a NJ licensed driver. I just recieved a cell phone ticket. I understand points dont transfer to NJ however I have recieved a cell phone ticket as well like 2 years back and I dont want to accrue to many NY license points and risk a suspension. After how long do the NY points come off my first cell phone ticket i recieved 2 years ago and is it smart to plead this cell phone ticket down to no points or less points or just pay the fine?

    • RLF Attorneys
      August 23, 2016

      Judges may look back approximately 10 years for previous cell phone violations.

  • Adam Nelson
    August 18, 2016

    I was pulled over by a police officer for the use of a cell phone. But the truth is that my coworker and friend next to me had the phone in his hand on speakerphone and had it held up in the center counsel illuminated, not to my ear but for both of us to listen to so that I can talk and he can talk at the same time because it was are boss on the phone! It was not in my hands at all!! My coworker said he would go to court and tell them it was him using it on speaker phone! And that is not all he pulled me out the car and gave me 5 to 6 sobriety tests which because he said my eyes were Red or dilated he said, but I told him I literally just got off work, working with ceiling tiles! I feel I was being harassed because of my past criminal record which he knew from looking up my name! Can he even give me Sebright he test even though I didn’t really have a moving violation? Anyways what do you think about this situation and is it fightable? What do you think about the situation? Please, and thank you!

    • RLF Attorneys
      August 23, 2016

      Adam – where did this violation occur?

  • peter moore
    August 15, 2016

    HI, I’m from Michigan State and have MICHIGAN License. I’m in NY today and got a ‘1225-D USE OF PORTABLE ELECTRONIC DEVICES’ ticket this morning while driving in NASSAU County when I was looking in my Mobile phone for GPS. Will the points get transferred to my MICHIGAN License? Should I plead Not Guilty to reduce points?. Please let me know.

    • RLF Attorneys
      August 18, 2016

      While we may not provide legal advice on the laws of yor home state, as a general rule, violations transfer between the states, generally impacting insurance rates.

  • none@none
    August 10, 2016

    I hold VT license as well as VT registration. I never got a speeding ticket nor cellphone ticket until few days ago. I got cell phone violation ticket in NY. My question is do I carry any points?

    • Adam Rosenblum
      August 10, 2016

      We can not advise on how many points transfer to VT, as we are not licensed in that state.

  • David
    August 3, 2016

    I received a ticket (1225c2a) for using my cellphone. I was not talking/texting i just had my phone out for gps. Can I fight this ticket?

    • Adam Rosenblum
      August 3, 2016

      David – due to the facts of your case, I suggest you contact us to discuss further. I believe you have an excellent argument for a dismissal of the charges against you. You may reach us at 888-883-5529.

  • Fareez
    August 2, 2016

    Hello,

    I recently received a 1225d ticket. I was moving a wardrobe in a pick-up truck. The cell phone was on my lap (not in my hand as the officer accused me of), and I was not using it. Google maps was on on speaker and I simply looked down at my lap while traffic was STOPPED off the exit. As soon as I started moving (and was looking up already of course), I noticed the officer behind me, kept going a little, and then he pulled me over. This happened in Brooklyn (Kings County) – I know it’s a 5 point ticket and $138 fine. I went to the TVB in BK this morning and scheduled a court date for next year. Is it at all possible to get it reduced to a non-moving violation or does that not happen within NYC? How likely would it be to battle this ticket in court? I had a friend who said he got the ticket in Brooklyn and got it reduced so hoping I could do the same?

    • Adam Rosenblum
      August 3, 2016

      Fareez – there are no reductions or plea offers in this court system. The only way to prevent the points from being assessed against you is to contest this matter at trial.

  • Leon Polyakov
    July 30, 2016

    Can you represent me in DMV hearing on 1225-C ticket in Kings County.
    Can you represent me? How much would the representation cost?

    • Adam Rosenblum
      August 1, 2016

      Leon – please contact us to discuss representation. We neeed to know the date of the hearing, and the facts surrounding your ticket.

  • Bob
    July 22, 2016

    I have a NJ license and I received a ticket in Manhattan for cell phone use.. Will this count on my NJ license as a cell phone violation or will I just receive 2 points for the violation on my NJ license..I already have 2 cell phone violation in NJ but am not sure of how long ago they occurred and I know a third one could get my license suspended

    • Adam Rosenblum
      July 26, 2016

      Due to the complex nature of cell phone tickets for NJ licensed drivers, I suggest you contact us so we may discuss in further detail.

  • Leo
    July 15, 2016

    I received a ( cell phone ticket ) in manhattan. I work for uber and my customer called me to change directions. my phone was on my hand not close to my ear.. Do i have a chance for reducing points or anything at all ?

    • Adam Rosenblum
      July 20, 2016

      Leo – there is no negotiation process in this court system (Traffic Violations Bureau). However, the ticket can still be fought at a trial.

  • Edward McSWiney
    June 27, 2016

    I received a ticket on 6/3/16 in Manhattan, I pleaded not guilty, court date set for 11/7/16 TVB Manhattan N, 159 East 125th St,
    OP MV PORT ELEC DEV

    • Adam Rosenblum
      June 30, 2016

      Edward,

      The ticket you received is a 5 point offense. TVB courts do not permit for plea bargaining so your only legal remedy is a full trial. we have extensive experience handling these matters and once you retain and attorney you would not have to appear.

      The Rosenblum Law Firm
      888-883-5529

  • cynthia
    June 27, 2016

    I have a ticket -impro use of cell phone. I got this while driving my car. I was asked if I was talking on the phone. I said no. (Which I wan’t doing). I was ask where is my phone. I showed him (in the center piece between the two front seats in the car). He said Aha and wrote the ticket. I had a Lawyer that did go to court when he was supposed to earlier this month. My cell phone bill can show that I wasn’t talking. The street That I was driving on has a lot of waves / not very straight at all. I could not txt and drive. In addition I use reading eye glasses for small print. Now What should I do?

    • Adam Rosenblum
      June 30, 2016

      Cynthia,

      Where in New York did you receive this ticket? Did you say that you had a lawyer represent you at the first court date? The ticket you received is a 5 point offense. In addition to the points and the fine, this type of violation is likely to cause a substantial increase in your insurance premiums. Please feel free to contact one of our attorneys at the number below to discuss your options in more detail and to answer any questions you may have.

      The Rosenblum Law Firm
      888-883-5529

  • Karen Duval
    June 16, 2016

    I am from MA. I was ticketed (1225D) in Clarkstown while in traffic on I87. I had GPS running on my phone, I changed lanes, the GPS fell (I do not have a holder) heard the GPS give an instruction which I could not hear from the car floor. I picked it up to look at the map to see where it was directing me – normally take 95 over GW to NJT – and was pulled over. I explained that I had the phone on GPS, displayed the screen to the officer. Her reply was to say you cannot touch the device in NY only listen to it and asked if I was lost. I stated I was unaware of the “no touch” rule in NY. I said not lost just don’t know the area and need GPS to navigate to correct exit.

    I certainly do not feel picking up my phone from the driver side car floor and looking at the GPS map warrants 5 points on my license. What are my chances of ‘winning’ a not guilty plea? Is it all or nothing is this case?

    Also , I find the information provided on the ticket to be less than clear. How do I go about pleading not guilty? When do I need to submit the plea by? Do I include a written statement at that time? Does a not guilty plea automatically require a court appearance from out-of-state drivers?

    Thanks!

    • Adam Rosenblum
      June 20, 2016

      Karen,

      The violation you received, 1225-d, Use of Portable Electronic Devices includes GPS devices. This violation carries with it 5 points and a fine. You can plead not guilty by mailing in the ticket by the plea-by date on the ticket, appearing in person on that date or signing a waiver and allowing an attorney at our firm to handle the matter for you. Clarkstown, NY permits plea bargaining so we would attempt to negotiate a deal to either reduce or eliminate those points in exchange for a fine to the court. Please feel free to contact one of our attorneys at the number below so we can discuss your options in more detail.

      The Rosenblum Law Firm
      888-883-5529

  • John
    June 16, 2016

    Received a 1225C2A with the description of “Cell Phone Use”. The office acknowledged that the phone was in my hand only and not anywhere near my ear. Also I was using a bluetooth device and merely holding the phone. Do I have a defense?

    • Adam Rosenblum
      June 23, 2016

      John, what court is handling your case? This ticket carries 5 points and can cause a significant increase in your insurance rates, but you do have the option to fight this to either reduce/eliminate the points and penalties.

  • Denise
    June 13, 2016

    I received a ticket for talking on cell phone 1225(c) in the Village of Blasdell, NY. I have a clean driving record. What would the fine(s) be and points if I plead guilty and how long would the points stay on my license – I don’t think there is a way to get this reduced by talking to the prosecutor?

    • Adam Rosenblum
      June 23, 2016

      Denise, this is a 5 point ticket which carries a fine of $138 to the court plus a steep insurance hike. Blasdell Village Court does allow plea bargaining to get your points reduced. Therefore, I suggest you plead Not Guilty.

      • Chuck
        June 30, 2016

        Adam- same question- cell phone violation 1225C2A in the Town of Canadaigua, NY Ontario County. I can plead guilty or nor guilty and meet with the DA’s office. Do you know if they plea bargin here too?

        • Adam Rosenblum
          July 12, 2016

          Chuck – generally speaking, this court does allow for plea bargaining. However, many jurisdictions do not offer any plea reductions on certain violations, including cell phone tickets.

  • Tanya allen
    June 10, 2016

    I got a cell phone ticket in warren county ny all u was doing was turning up my gps I had the phone maybe two inches up and clicked volume up bottom twice. I have been driving for 20 years and never got a ticket before cop also would not let me talk and also stated that she saw me pick up my phone out it back down and then to my ear this did not happen

    • Adam Rosenblum
      July 12, 2016

      Tanya – what exactly are you being charged with? There are 2 separate ‘cell phone’ violations in New York – that will determine how best to proceed on your case. You may contact us for a free consultation at 888-883-5529.

  • Michael Sherwin
    May 31, 2016

    I was driving a small commercial vehicle and received an “operating cmv using mobil cell phone” Section 1402CII was listed on the ticket (New York State). The trooper told me he cut me a break and that this was cell phone violation that does NOT carry the 5 point penalty, only a fine and surcharge if I plead guilty.

    Nowhere can I find information on this type of ticket or how he cut me a break. I think he lied just to keep me from arguing and to send the ticket in guilty. I’ve called the Trooper Station, dept of transportation and every other NYS office and keep getting the run around and no help.

    Is there a cell phone ticket in New York State that does not have the automatic 5 point penalty?

    • Adam Rosenblum
      June 3, 2016

      Michael, sections 1225(c) and 1225(d), the two ‘cell phone’ statutes in NY, both carry 5 points. Without further information, I can not say for certain what the officer is charging you with.

  • Brian McTague
    May 25, 2016

    I was ticketed for 1225c in New York State. I was only changing the music that was attached to my vehicle by an Input/output aux cable. any chance to beat that?

    • Adam Rosenblum
      May 26, 2016

      Specifically, 1225C states that the phone must be depressed to your ear. 1225D is more broad reaching and would encompass manipulating the phone in any manner. Please feel free to call so we can discuss your options in more detail.

      Lindsay Bernstein, Esq.
      Rosenblum Law Firm
      888-883-5529

  • Arien Alden
    May 25, 2016

    Hi, i got a Cell phone tickets. i have already 6 points. this is my first cell phone tickets. i am a taxi driver, if i got 5 points my license will be revoked in my guess. i want to pay all fee & 5 points fine,but don’t want to carry those 5 points. I have one week left in my tickets. The ticket says 122C2A. Is it right

    • Adam Rosenblum
      May 26, 2016

      A cell phone violation (1225C2A) carries 5 points. You will be suspended in New York if you accrue 11 or more points within any 18 month period. Please feel free to call so we can discuss your options in more detail.

      Lindsay Bernstein, Esq.
      Rosenblum Law Firm
      888-883-5529

  • Arien Alden
    May 23, 2016

    Hi, i got a Cell phone tickets. i have already 6 points. this is my first cell phone tickets. i am a taxi driver, if i got 5 points my license will be revoked in my guess. i want to pay all fee & 5 points fine,but don’t want to carry those 5 points. I have one week left in my tickets.

    • Adam Rosenblum
      June 3, 2016

      Arien – In order to provide you with further information, please advise what court this happened in.

  • Jennifer M.
    May 18, 2016

    I’m a CT driver and recently received a ticket for use of “portable electronic device while in motion” while in NYC. I plead not guilty and will fight the ticket at the Traffic Violations Bureau.

    I believe the officers originally pulled me over for a broken tail light (which I forgot I had) but gave me a cell phone violation ticket when they observed I was recording them after they pulled me over.

    The officers were directly behind me at a red light when they pulled me over so it would seem unlikely that they would not notice my broken tail light.

    I can provide my cell phone records which I know probably won’t be enough, but does prove I was not using data, texting or on a phone call. Prove I had a broken tail light as substantiated by mechanics before the ticket occurred. Pictures and videos of the incident as well.

    I know the TVB has a minimum 65% conviction rate, but what are the chances I will not be convicted using this defense?

    Also I’d like to request discovery evidence. How do I go about doing this?

    • Adam Rosenblum
      June 9, 2016

      Jennifer – It is difficult to give any data on what your chances will be at a trial – as the Judge will have discretion with respect to what arguments they believe deserve merit. There is no discovery in this court system, which further complicates any attempts to presenting a defense.

  • kimberly smith
    May 6, 2016

    Something came in the mail today and I cannot figure out what the fine is, hope you can help me. My husband got the ticket and this is the first I’m finding out about it. It says OP MV PORT ELEC DEV in Bronx. Is that a cell phone offense? It also doesn’t say what the fine is and I can’t find it online. Can you help me? I just want to pay it and be done before his license is suspended. Is it really 5 points?

    • Adam Rosenblum
      May 19, 2016

      Correct – this is a 5 point ticket in New York. If you are interested in fighting this ticket, you may contact us for a free consultation at 888-883-5529.

  • Jacinda
    April 30, 2016

    Hi I received a ticket for 1225C2A. I was indeed talking on the phone when the officer pulled me over. I’ve been living in NY for 10 months and honestly did not know that it was against the law to talk on the phone from driving. I am from TN where it is not a law. Not using that as an excuse, but what are my options to avoid the 5 points on my record. I’ve never received a ticket in my life so receiving 5 points for this really frustrates me. I received the ticket in Albany NY and Albany City Court Traffic Part is listed on the ticket.

    • Adam Rosenblum
      May 2, 2016

      Hi Jacinda, unfortunately it is a NYS law to drive while talking on the phone. This is a 5 point ticket with a maximum court fine of $200. We suggest pleading not guilty. If you would like more information about having the ticket reduced, please contact for a free consultation at 888-883-5529.

  • Demian
    April 29, 2016

    I am MA driver licence holder,
    I received a ticket for Improper Cellphone Use, when I checked the time on intersection and attached phone back to the steering wheel holder.
    I have to apear in person in TVB if I plead not guilty.
    Do we have any chances to not get any points in trial?
    Or here is only convicted or not?
    And if I convicted then I what I should pay?
    For the 1st time use the same penalty as for 2nd or 3rd?
    Thanks

    • Adam Rosenblum
      May 2, 2016

      Hi Demian, you are looking at a 5 point ticket with a maximum fine of $200 for a first offense. Second and third offense the penalty does change. We suggest pleading not guilty. If you would like to find out more about your options to have your ticket disputed, please contact our office for a free consultation at 888-883-5529.

  • carol hynes
    April 28, 2016

    My daughter was lost & was holding her phone using her GPS & was pulled over by an undercover officer in an unmarked car. She was in a bad area & didn’t want to pull over. Should she try to get the ticket reduced?

    • Adam Rosenblum
      May 2, 2016

      Hello Carol, did your daughter receive a ticket for using a cell phone? If so this is a 5 point ticket with a maximum court fine of $200. Her insurance rates will also increase in rates by 20 to 25 percent for 3 to 5 years. We suggest pleading not guilty. If your daughter has received a different ticket and you have some concerns and want to have it reduced, please contact us for a free consultation at 888-883-5529.

  • Dennis Chang
    April 27, 2016

    Just received a 1225D ticket in NYC, was not using any electronic device rather was just drinking from my water bottle. Was willing to give officer my phone for him to see. Officer was 3 lanes away on a main street, and I have a slight tint on my front window. What is my course of action here. Getting fine for drinking water in NYC doesn’t seem fair.

    • Adam Rosenblum
      May 2, 2016

      Hello Dennis, it is unfortunate that you received a ticket on a water bottle. However, this is not enough proof to have the ticket dismissed. You are looking at a 5 point ticket with a maximum court fine of $200. This will also cause your insurance rates to rise. Dennis we suggest pleading not guilty. If you would like more information about how to get your ticket reduced, please contact us for a free consultation at 888-883-5529.

  • Larry A
    April 25, 2016

    ELECTRONIC DEVICE
    that’s what the officer wrote on the back of ticket I received.
    Violation (1225d1) Can this be beat?

    • Adam Rosenblum
      May 2, 2016

      Hi Larry, this is a 5 point ticket with a maximum court fine of $200. We suggest pleading not guilty. If you would like more information about having the ticket brought down, please contact us at 888-883-5529 for your free consultation.

  • Taylor
    April 20, 2016

    Hello!

    I received a 1225c2a ticket 3/19/2016 along with inadequate muffler/exhaust ticket. I would like to know if even though I mistakenly missed my court date if I could still fight it. I didn’t receive the letter with the court date until yesterday evening (court was scheduled for yesterday 4/18/2016) due to them sending to my old address. Also, the officer had said he’d been trying to pull me over for a bit of a distance BUT I did not see flashing lights or anything behind me until I pulled over. And when I pulled over her followed extremely close to the point I had to unsafely pull to the side of the road. If I had hit my brakes to safely pull over the officer would have rear ended me. Is it still possible to fight even though court was missed and I got two tickets at the same time?

    Thanks!
    Taylor

    • Adam Rosenblum
      May 2, 2016

      Hello Taylor, the cell phone ticket is a 5 point ticket with a maximum court fine of $200. The inadequate muffler ticket holds no points but could of $200 or more and or 30 days in jail. We suggest pleading not guilty if you haven’t already done so. Please contact our office to find out how to fight these tickets and have it reduced to minimum penalties. We can be reached for a free consultation at 888-883-5529.

  • Ardit
    April 18, 2016

    Good evening
    I received today a ticket for using the phone while driving. 04/16/16 at 12:53 . Very insane. I owned a s550 were everything is at your fingertip. While I was parking the car in revers I was stopped from cops. The officer came to my window and asked for driving license and registration. I asked why, he said after I will handle the documents to him he will notify me why. I handled everything to him and he stated that I was on the phone while driving. I told him that he was mistaken.
    The cop than asked me to show him my cell which was on my left pocket. He left and came back after ten minutes with a ticked. Very arrogant and unprofessional . I told him that I will see him on court and he replayed to make sure to hire a lawyer .
    Honestly Ii don’t need to use my phone at all in the car. Also I can show the bill that this is not the case.

    • Adam Rosenblum
      May 2, 2016

      Hello Ardit, unfortunately you are looking at a 5 point ticket with a maximum fine of $200. We suggest pleading not guilty. Please contact our office for a free consultation if you have any further questions or concerns. We could be reached at 888-883-5529.

  • Joshua
    April 17, 2016

    Ok so I got a 1225d the cop said he saw me holding my cellphone which Impossible because Infact my car has blutooth. It was on my seat I had my remote for my radio in my hand. I was hitting the next button to change music. That remote was sold with the radio pioneer head unit. It is not illegal to hold the remote to the item that is installed into my car. I do know that much. Can or should I ask for a plea bargen I have 8 points on my license I can’t get anymore points

    • Adam Rosenblum
      May 2, 2016

      Hello Joshua, you are facing a 5 point ticket with a maximum fine of $200. With 8 points on your license already, your license will be suspended. We suggest pleading not guilty. Please contact our office for a free consultation to find out about having this ticket reduced to minimum penalties. We can be reached at 888-883-5529.

  • David
    April 15, 2016

    I was given a ticket for “using device while in motion”. Thing is I did not use a device while in motion, I did used my phone at a stop light, I don’t know if that counts as “in motion”. I just used the zocdoc app to confirm an appointment, that’s it. Of course it’s my word against the cop’s, he thought I was texting, can this ticket be dismissed?

    • Adam Rosenblum
      May 2, 2016

      Hello David, being on at a stop light does still count as being motion. This is a 5 point ticket with a maximum fine of $200. This will increase your insurance rates by 20 to 25 percent for 3 to 5 years. We suggest pleading not guilty. If you would like to find out more information on your options to have your ticket reduced, please contact us at 888-883-5529 for a free consultation.

  • Patricia H
    April 9, 2016

    Hi, I just got a cell phone ticket yesterday in Oneida County, NY and everything that I have researched so far says that this is a 5 point violation on your liscence with up to $200 fines and dramatic increases in auto insurance. Is there any way to get this reduced by asking for a DA? I need to avoid paying a ridiculous amount of money over this whole thing including insurance because my insurance is already high due to me being a first time insured on my own and I’m a college student. Thanks.

    • Adam Rosenblum
      May 2, 2016

      Hello Patricia, the information you have mentioned is correct. We suggest pleading not guilty. If you would like to find more about having your ticket reduced, please contact our office for a free consultation at 888-883-5529.

  • Cheryl
    March 25, 2016

    I am a New Jersey resident (NJ driver’s license) and was on my cell phone, holding it with the speaker on, while driving in Manhattan. Are there points for this?

  • Wendy
    March 12, 2016

    I got a cell phone ticket while driving and I was not talking on the phone or texting. I only picked up the phone to press the home button and check the time. I still got the ticket and it says 1225-01. Can I fight this? I already have two other cell phone tickets. The other was for the same reason just pressing home button to check time. Is there a way I can get no points? I am so upset. I wasn’t using it. How should I plead?

    • Adam Rosenblum
      March 22, 2016

      Hello Wendy, unfortunately the information you have provided is not enough to have this ticket dismissed. For each cell phone ticket is 5 points and a maximum court fine of $138. If found guilty on all these tickets your license will be suspended. We suggest pleading not guilty to all of them. Please contact our office for a free consultation to find out how you can have your ticket reduced to the minimum penalties. We can be reached at 888-883-5529.

  • Madison
    March 12, 2016

    I received a ticket for “use of an electronic device while in motion” or “Operating a motor vehicle with a portable electronic device” in NYC, but I have an Ohio drivers license. Will points still appear on my license?

    • Adam Rosenblum
      March 22, 2016

      Hello Madison, you are currently looking at a 5 point ticket and a maximum fine of $138. Your insurance will increase 20 to 25 percent for 3 to 5 years. The point do transfer to your Ohio license. We suggest pleading not guilty. If you would like more information about getting your ticket reduced, please contact us at 888-883-5529 for a free consultation.

  • Frank Martinez
    February 11, 2016

    Hello,

    I received a cell phone ticket (1225D1) on 2/4/16 in NYC. I was stopped in traffic and glanced at my phone, when the officer walked over to my vehicle, and issued me the violation. Is it possible to plea bargain? If not, pleading not guilty may just end up costing me the same points and a higher fine. What are my options?

    • Adam Rosenblum
      February 14, 2016

      Hello Frank, right now you are currently facing a 5 point ticket and a maximum fine of up to $138. Your insurance will face a substantial climb in the rates you pay for the next 3 to 5 years. Our suggestion is pleading not guilty. If you are interested in finding out how your ticket could be reduced please contact our office for a free consultation at 888-883-5529.

  • Tommy
    January 27, 2016

    Hello,
    I recieved 1225c2a ticket yesterday “imp use of cell (right hand speaker)” the phone was on speaker on dashboard in phone holder. While i stopped at a red light i decided to plug the phone on charge since i was running low on battery then put the phone back to phone holder on dash again. Police officer saw the whole thing still gave me a ticket? He approached to me on foot told me to pull over. I understand that this is a 5 point ticket. What are my options?

    • Adam Rosenblum
      February 4, 2016

      Hello Tommy, as you mentioned a cell phone ticket is 5 points on your license. This includes a maximum fine court of $150. Your insurance will increase by 20 to 25 percent for the next 3 to 5 years. Our suggestion is pleading not guilty to this ticket. If you would like to find out more information about having your ticket disputed and reduce you can contact us for a free consultation. You can reach us at 888-883-5529.

  • Morgan
    January 24, 2016

    Hi, I received a ticket, however, I wasn’t in motion, my car was stopped at an intersection and I was ending the call. However, the officer gave me a ticket. Could I fight this is anyway?

    • Adam Rosenblum
      February 4, 2016

      Hi Morgan, from the information you have provided we understand you have received a cell phone ticket. This is a 5 point ticket and a fine of up to $150. Your insurance will increase by 20 to 25 percent as well for the next 3 to 5 years. We suggest pleading not guilty to ticket. If you would like further information about fighting the ticket, please contact our office for your free consultation at 888-883-5529.

  • Nadine roper
    January 14, 2016

    This may be too late but I got a ticket for cellphone use when I wasn’t using my phone. I have my phone bill to prove that I made or received no calls or texts. I had it in my hand because it fell from the phone holder on the dash and cop in back of the squad car claims he saw me with it in my hand. I went to trial with all of my proofs and equipment but still got charged. The $138 “reduced fine” doesn’t bother me as much as the 5 points. Is there anything I can do at this point? Oh and I am a NJ resident and I was driving in NYC.

    • Adam Rosenblum
      January 20, 2016

      You may file an appeal, although this must be done soon after the decision was rendered.

  • Phillip Salem
    January 12, 2016

    Hello!

    I received a ticket 1225D(1) and the officer said it would only be 1 point. It says operating a vehicle with cell phone in right hand.

    However, all the research I have done says 1225d is 5 points. Does the 1 next to the D mean the officer could make it only 1 point?

    • Adam Rosenblum
      January 20, 2016

      No, the (1) is the subsection of the offense you are being charged with. These violations are always 5 points.

      • Melissa
        January 23, 2016

        Hi I just received a ticket for having my gps In my hand setting it up. It wasn’t my phone gps but the actual gps. The officer told me the ticket would be $50 with no points. I paid it via mail because the 15 days were almost up. I just received a letter that the 50 did not cover the additional $88 surcharge which now everything was $138. When I went online to pay the $88 it shows the ticket was 5 points! Is this the case, even for a gps its 5 points????

        • Adam Rosenblum
          January 26, 2016

          Improper use of an electronic portable device, the ticket you are being charged with, is not reserved exclusively for cell phones. The officer was incorrect in the information they had given you. We might be able to help you fight this ticket, even though a guilty plea has already been entered. You may contact us for a free consultation at 888-883-5529.

  • Sylvia Ryerson
    January 11, 2016

    Hello Mr. Rosenblum,

    I received a 1225C2A ticket yesterday, for driving while holding the phone to my right ear, just after I had crossed into NY from MA.

    The ticket was issued from the Bedford Town Court, 321 Bedford Rd., Bedford Hills. Because this is out of NYC, is there a chance I could get a plea deal?

    This is my first ever offense. I otherwise have a clear driving record. I am out-of-state, with an MA license. I am worried this will increase my out of state insurance.

    Should I plead guilty or not guilty on the mail in form? is there any chance of lowering the points/fine from this? thank you for your help.

    • Adam Rosenblum
      January 20, 2016

      Sylvia – it is possible to fight this ticket and obtain a reduction, as you have suggested. If you have any questions as to the type of reduction you should be seeking, you may contact us at 888-883-5529.

  • David
    January 7, 2016

    I was stop by a police officer who said that He saw me using a electronic device while in motion. I was using my hand free technology on my car which connects to my cell phone every time I get in into the car. I did not have the cell phone on my hand. I was using the cell ( Hands Free) 7 minutes before he stop me. The phone was on my compartment. He Also gave me a ticket for fail to signal and I told him that the signal was on. He then said I had them on but I put them late.
    I need to know if the cell phone ticket can be negotiable (pay the fee and avoid points) or can be win in this case.The case is already scheduled for a hearing. I am from Bronx, NY. Thank you in advance.

    • Adam Rosenblum
      January 19, 2016

      David – If this case is being held in the traffic violations bureau, then there is no way to negotiate a plea, as this is a trial only court. While challenging, it is possible to win your case through using the proper legal arguments.

  • Yonel
    January 6, 2016

    I got a ticket from a police officer in ny..he was assuming I was using a portable device. .in the ticket he didn’t put the Vtl1225d code ..can I fight that ticket?

    • Adam Rosenblum
      January 11, 2016

      Yes, you can. How you go about fighting this ticket will depend on which court has jurisdiction over the case.

  • Paulo T.
    December 1, 2015

    Hi Adam, I received a ticket for VTL 1225c2a, operating a motor vehicle while using a mobile phone. I explained to the officer that although my hand was up to my face, my phone was in the center console charging(which is the honest truth). I hadn’t been on my phone since 6am and received the ticket at 11:46am. I pleaded not guilty and had a court date a few days ago where I sat with the prosecutor. I explained the same to her and was also willing to provide my phone records which clearly show that no calls were made at the time of the ticket. She proceeded to tell me that phone records aren’t usually accepted as I could’ve been texting at the time or using the phone for emailing, etc… I made her aware that texting, etc… Falls under section, VTL 1225d, which she denied being true. I’m awaiting a letter for a trial date and am wondering what my options are. Any help or information would be of great help. Thank you in advance.

    • Adam Rosenblum
      December 4, 2015

      Paulo – I suggest you contact us at 888-883-5529 to discuss your case in further detail. I would like to know which court has jurisdiction over your case.

  • Ezzi
    November 19, 2015

    Hi Adam
    I got a cell phone ticket in queens on Oct 22 it just posted 6 days ago…. my plan was to defer the court as long as possible so if I do get the points it won’t stay on my acount for long and show up to court myself to fight it….. am I doing an thing wrong and is there anything I should know?

    • Adam Rosenblum
      November 23, 2015

      Ezzi – postponing your case, while an often used strategy in this court, is not always the best course of action.

  • Alice
    November 10, 2015

    Hi,
    I received a traffic ticket 1225D for putting my phone in my bag while sitting at the light. I just finished a conversation through my cars bluetooth.The officer says I was holding it but I was not.

    • Adam Rosenblum
      November 18, 2015

      I strongly suggest you fight this 5 point ticket, as the consequences are severe.

  • AVTAR CHAND
    October 21, 2015

    I HAVE HEARING FOR CELL PHONE TICKET NEXT MONTH ON 11TH HOW MUCH DO YOU CHARGE FOR THIS KIND OF CASE.

    • Adam Rosenblum
      October 23, 2015

      I will need to know more information. Which court is handling your case? Feel free to give me a ring at 1-888-883-5529 for a consultation.

  • doug
    October 16, 2015

    hi Adam,
    i got a 1229c3a in brooklyn, no dirver seat belt. i am a NJ resident, 1st ticket. should i just pay the fine or does it carry points/insurance implications?

    • Adam Rosenblum
      October 23, 2015

      This offense carries a fine of $50 and court administrative surcharge of $93. There are no points associated with this ticket.

  • pedro salvador
    October 12, 2015

    Hey today i got a volation for using cellphone while driving but i was just connecting the bluetooth of.my car to my cell it is a first time the i get this is a way the o can beat the point i dont care about paying the volation

    • Adam Rosenblum
      October 14, 2015

      Pedro – where did this violation occur? There are two different court systems in NY state, and each handle these tickets differently.

  • Daniel
    September 23, 2015

    I was talking to my wife on the phone but the phone was on speaker I never had the phone in my hand but the cops saw me talking since I was by myself assuming I was on the phone and stopped me. I explained to him that the phone was not in my hand. She took my license, registration and insurance to check, 2 minutes later came back with a blank ticket and told me I was on the phone . How do I get this ticket dismiss?

    • Adam Rosenblum
      September 25, 2015

      In order to give you advice on your case, we need to know the violation code – as there are two possible tickets you could have received.

  • Leonard Rodney
    September 9, 2015

    I’m an attorney practicing in Mineola, NY. My son in law received a 1225 (c) 2A summons for using his cell phone. It is returnable in the Bronx at 696 East Fordham Road. Is this a hearing office that will permit plea bargaining and if yes, how much would you charge to handle the appearance?

    • Adam Rosenblum
      September 10, 2015

      Leonard – there is no plea bargaining in this court system. If you would like information more specific to your son in law’s case, you may contact us for a free consultation.

  • john weatherell
    August 15, 2015

    Device ticket in Broome county Cell was plugged in charging. Picked it up to check. Not talking or texting. Florida driver. FL does not have cell talking law. If I plead guilty will points go on my record. ? Trooper told me FL had same law as NY
    When I disagreed he got mad andwrote the ticket.

    • Adam Rosenblum
      August 20, 2015

      There are two types of cell phone tickets you can receive in NY. If you received the device ticket (VTL subsection 1225(d)) you do not need to be engaged in a phone call as long as you are holding the device at the time that the officer issues you the citation. It is still a good idea to plead not guilty. Even if FL does not have an equivalent violation with points attached, if you are convicted of this offense in NY, NY will report the conviction to FL and the violation will appear on your driving record, causing an insurance increase. Please contact us as at 888-883-5529 to discuss your options.

  • Jessica
    August 11, 2015

    I got a 1225c ticket recently. The officer noted on the ticket I was “holding a cell phone in her right hand in front of her face” and my response is also listed on the ticket “I had it on speaker and I didn’t put it down” I have a blue tooth device, as well as a phone mount on my dash, but the blue tooth was currently not working. Even though the officer has it noted that I admitted my offense, is there still a way to fight it? i.e, Mention that having a blue tooth hookup shows that I am usually covered but I just hadn’t fixed it yet/ that I just was making the call and had not yet had the chance to place my phone on the mount that I do have and normally use? Or is there really no way to fight it because he has that comment of mine admitting guilt. And if one wanted to try to reduce it, is that done by pleading not guilty and then they give you a court date and you basically just talk to the judge about your explanation? its been a while since I’ve had a moving violation so I’m having trouble remembering. Thank you!

    • Adam Rosenblum
      August 18, 2015

      In order to advise you how to proceed, I would need to know the name of the court handling your case.

  • ahuva
    August 11, 2015

    I recieved a citation for speaking on the cellphone while driving. It is a 1225-c. The officer said he did not give me any points since I am not a NYS resident. Do I have to go down to court for this? or do i just pay it? I am not sure what to do as this is a first.

    • Adam Rosenblum
      August 18, 2015

      Ahuva – you are facing a 5 point ticket for this violation. The fact that you are an out of state resident has no bearing on how many points NY will assess. I strongly suggest you do not simply pay this ticket, as the consequences can be severe.

  • Stephanie
    August 3, 2015

    Hi, I received a 1225c2a ticket for talking on my cell phone. When I came up to an intersection to turn right, I had it in my hand and looked directly at the police officer, and of course he pulled me over. This is my first offense in several years, speeding or otherwise. I’m choosing to go to court (in Oswego, NY) to fight it this week. Any helpful hints on what I can say to reduce the points and/or fine? Should I please not guilty or no contest?

    • Adam Rosenblum
      August 11, 2015

      Stephanie – there is no ‘no contest’ plea available here. How you proceed on your case truly depends on whether you were actually speaking on the phone when pulled over.

  • HIm Ara
    July 24, 2015

    I received a cellphone ticket a few days ago, but the truth is that I didn’t use the cellphone, but i had a (Small speaker) Bluetooth device connected with my cell via Bluetooth which is not the small one that you put in your ear, since I couldn’t hear I put the device near to my ear. The cop behind me thought that it was a cell phone since that device is as a cellphone size, and give me a ticket for cellphone use. Can I fight this ticket, because as we speak I didn’t reply yet. And the most important is that in 13 years that I am driving in New York area I never had any violations. I am very responsible driver.

    Thank You

    • Adam Rosenblum
      August 7, 2015

      Ara – You are not allowed to use an electronic portable device while operating a vehicle in NY. Thus, it appears that you are in violation of the Statute.

  • Bryan
    July 17, 2015

    I recently graduated school in Ohio, I have a Ohio drivers license and i recently got a ticket for talking on the phone while driving in NY while visiting my parents at home. The only issue is because I had a Ohio drivers license and I was driving my parents NY registered vehicle the officer may have gotten confused while writing my ticket (he imputed my address from NY, wrong license number from previous NY license and wrong license class (class D when my license is class A)). I will soon be moving to MI for work and may be changing my license to that state before my court date. Should I fight the ticket on grounds that the license information on the ticket is incorrect?

    • Adam Rosenblum
      July 30, 2015

      Mistakes such as these on a ticket will not be sufficient to warrant the dismissal of the charges.

  • Crystal
    July 14, 2015

    Do you get points for a 1225-d ticket? I was pulled over and the officer said show him my call log and texts and it proved I wasn’t texting or on the phone so he just gave me a ticket for me having the phone in my hand. Would I be able to go to court and fight it?

    • Adam Rosenblum
      July 29, 2015

      1225-d is a 5 point ticket. This is a ticket for improperly using an electronic portable device – not necessarily speaking / texting. Therefore, call logs would not be relevant. You are able to fight this ticket and attempt to avoid the consequences. The procedure for handling such a case depend on which court has jurisdiction over your case.

  • Lantigua
    June 20, 2015

    They gave me to 2 violation for cellphone he said i was texting but i was only holding a clipboard i printed my cellphone record and no call or text showing at that time can i still fight it? is 10 point

    • Adam Rosenblum
      June 21, 2015

      Lantigua – because of the serious consequences of these tickets, I strongly suggest you contact us to discuss your case. You may reach us for a free consultation at 888-883-5529.

  • Theresa Wright
    June 15, 2015

    I received a cellphone ticket on 5/12, details just appeared online as of 6/3. I would like to avoid geting points on my driving record.

    • Adam Rosenblum
      June 18, 2015

      You may contact us for further information about this 5 point ticket.

  • Jim
    June 12, 2015

    I was going about 5 miles per hour to a red light. I had my cell phone in my right hand not up against my ear, with the speaker on, the cop stopped me and ticketed me. He said it was a distraction. I was almost stopped. I really do not want points on my license as I have a very good driving record. Is there anything I can do

    • Adam Rosenblum
      June 12, 2015

      I suggest you consider fighting this ticket. In order to further assist you, we need more specific information regarding your ticket. You may reach us at 888-883-5529.

  • sandra
    April 28, 2015

    I have a Quebec driver’s licence and was driving in brooklyn when my phone rang – I answered on my car bluetooth but then pulled over to a parking spot to speak on my handheld. In any case cop came up behind me and ticketed me. On the actual ticket – the only thing that is correct is my name and date of birth. The address I have never heard of and he did not write my License #. Even if I plead not guilty, I have no idea who they will mail any correspondence to. There is an ID number that he wrote that is completely made up. I think he could not figure out how to read my License (which is in French) Do I have to pay this ticket?

    • Adam Rosenblum
      April 29, 2015

      I suggest you address this ticket. It is not a good idea to ignore this, as they likely have a record of you in their system. You may contact us to discuss further.

  • Brenda Buono
    April 23, 2015

    i received a ticket for improper cellphone use back in June 2014. I pleased “Not Guilty.” I had a hearing for April of 2015. Now they rescheduled for April 2016. Why does this happen?

    • Adam Rosenblum
      April 29, 2015

      Courts frequently adjourn cases to accommodate various scheduling concerns.

  • Danielle
    April 21, 2015

    Recently got a cell phone ticket when I got pulled over officer said I saw u on cell phone …. There was no visible cell anywhere in car when pulled over was in my purse! Told cop I picked the phone up n put it down! Heard it ringing n put down! Then she said that she thought my brake light was out… I stepped on it she said no ur good n then gave me a cell ticket c any way to fight it don’t want insurance going up n high fines! Any help?

    • Adam Rosenblum
      April 29, 2015

      In order to provide proper advice for this 5 point ticket, we need more information – such as which court is handling your case.

  • MM
    April 16, 2015

    Hi, I received a traffic ticket on 4/13/15 for violation of 1225(d)(1), while driving in Brooklyn. Is there any point in fighting this, given that, as I understand it, there’s no plea bargaining in NYC traffic courts, and there is a presumption that I was using the device?

    • Adam Rosenblum
      April 19, 2015

      This ticket can be fought. While there is no plea bargaining, it can be taken to trial.

  • roberta
    April 15, 2015

    in far rockaway new york,i received a cell phone ticket. i spent 5 months in florida where a cell phone can be held. i simply forgot about ny law.
    i dont care about the fine its the points that i want removed. what r my chances. i am a 76 year old woman.

    • Adam Rosenblum
      April 19, 2015

      Please contact us as we need more information to assist you.

  • Racquel Williams
    April 15, 2015

    Hi, I received a ticket for holding my phone while looking a GPS. I was actually going to put my phone in my cup holder but the PO saw me. I regret telling him that I was looking at GPS. I should not have said anything because he noted that on the ticket. If he had put I was texting I would have been able to beat the ticket. However, I realized he wrote the wrong registration expiration date on the my ticket. Can I get the ticket dismissed for being legally defective?

  • Nick Valoroso
    April 15, 2015

    I received a 1225d ticket early April for using an electronic portable device while car is in motion. This ticket was administered in the NYC district, unrelated to Suffolk or Nassau County. Do plea bargaining rules still apply here? I can’t find any substantial information that tells me I can just show up and dispute the ticket for lower points. There are three courts that handle this ticket, one of which is the Queens, NY court, which is the one I will most likely want to go to. Can I plea bargain this ticket if its NYC district?

    • Adam Rosenblum
      April 15, 2015

      If the violation occurred in NYC – it will be governed by the traffic violations bureau – you will see those words listed on the ticket. There is no plea bargaining in this court system.

  • michael
    April 15, 2015

    I understand that if you hold a phone to your ear there is a presumption that you were talking.
    Is there a presumption that the object was a cellphone?
    Does the officer have to identify it as such?
    If he did not ask to see it,cannot identify the make,did not turn it on to determine if it was operational,will the court rule favourably on a motion to dismiss?
    Thanks.

    • Adam Rosenblum
      April 15, 2015

      How I believe the judge will view this is as follows – if you were pulled over, then the officer believed it was a phone (or other impermissible device). If he did not believe it was improper, then there would have been no reason to pull you over in the first place. The only question that would remain is whether there was some reason for them to realize it was not an improper device before the ticket was given.

  • Bonnie
    April 10, 2015

    I received a 1225d ticket on April 9,2015. It says nothing about how much or points. I was just holding the phone in my left hand that had a braces on it because it was going to fall and I didn’t want it to break. What is my best defense about getting this dismissed.

    • Adam Rosenblum
      April 12, 2015

      We need to know which court is handling this ticket. You may contact us for a free consultation. Please be advised, however, that this is a 5 point ticket.

      • Bonnie
        May 11, 2015

        I received the summons for my ticket. It only has a price on it. Does this mean that there are no points associated with this ticket. The court that is handling it is the court in Hempstead, NY

        • Adam Rosenblum
          May 13, 2015

          We need to know what you got the ticket for so we may advise you on the consequences. You may contact us for a free consultation at 888-883-5529.

  • Rose
    April 5, 2015

    Can a university cop give a cell phone ticket if he is not on campus, he was sitting near a state highway away from campus.

    • Adam Rosenblum
      April 12, 2015

      We would need more information to assist you. You may contact us for a free consultation.

  • Brittiany
    April 2, 2015

    I received a ticket 1225c2a officer said he pulled me over for using my cell but I told him I was on the phone but it was threw my Bluetooth with comes threw my radio. Went to court today and decided to go to trial. I can’t afford a lawyer and the so I was wondering what to do. The said they would give me 2 points and drop the other ticket I had for no regiatration it must of passed I. The mail due to plow knocking mailbox down but I made sure to get it done that day. Anyways I decided to go to trail because I was not on my cell. What do I do?

  • Olady V.
    March 27, 2015

    Today I received a 1225c2a ticket in NYC, the phone was in my left hand bc it slipped out of my coat pocket, no phone was no in use. Officer states in NYS holding a cellphone in hand they can presume it was being used. Based on my phone and text records there are no phone calls or texts from my part at the time of the “offense” do you think I can fight this ticket?

    • Adam Rosenblum
      April 2, 2015

      Olady – You can fight this 5 point ticket using the information provided. I suggest you plead not guilty as this violation carries with it 5 points and a significant insurance impact.

  • Kareem
    March 3, 2015

    I received a 1225c2a ticket in Far Rockaway, Queens tonight. I was using my speakerphone with the phone in my lap and only had the phone in my hand in order to hang up. Based on my interpretation of the law, this is permissible and I explained this to the officer. He simply stated, “But you can’t hold the phone in your hand.” My question is do I have a legitimate enough defense to even fight this ticket, or at the very least have it reduced in points.

    • Adam Rosenblum
      March 5, 2015

      Yes, you do. There are two types of cell phone tickets – one is for speaking on the phone, and one is for using an electronic portable device. Please contact us so we may better advise you of your rights.

  • Joshua Goldberg
    February 24, 2015

    I recieved a ticket in Nassau NY last night, i was driving 50 miles away from my hometown to Hindsdale, MA.. Anywho It was a VT:-1225(d) using a device ( texting), however I dont have a cell phone mount and and was adiment that i was using my GPS since i was unfamiliar wih the area. How low( if not dismissed) can i get this reduced or what are the success rates in this? This the first time ive ever considered getting a lawyer for a ticket.

    • Adam Rosenblum
      February 26, 2015

      Joshua – these violations do not require the use of an actual cell phone. They are 5 point tickets, and can significantly impact insurance rates. The potential outcome can range between an complete dismissal, or a charge for a lesser offense.

  • Patty
    February 23, 2015

    while on my way to Winthrop hospital in MIneola New York I was on the Wantagh Parkway. My cell phone rang and I panicked because I was expecting a call from the hospital stating my husband may need a blood transfusion, but it was my step daughter inquiring about her father. A state trooper pulled me over because I picked up the phone and also got me for no seat belt which I always wear. I realize I was wrong and was going to plead quilty and pay the fine, till I found this sight

    • Adam Rosenblum
      February 26, 2015

      Cell phone violations are 5 points, and have a significant impact on your insurance rates. You should consider fighting this ticket. You may contact us for a free consultation.

  • Bert
    February 21, 2015

    receive a cell phone ticket 1225c2a in queens of NY, but he listed on the ticket a car that I wasn’t driving because i mistakenly give him a wrong registration, Can i fight this. I have 15 days to mail in the ticket. Should i do that or give it to first to do a plea bargain. first violation, no points.

    • Adam Rosenblum
      February 26, 2015

      There is no plea bargaining in this court system. You can fight this ticket, although a trial would be necessary.

  • carol
    February 17, 2015

    I am completely devasted over getting a cell phone use ticket, 1225d. I cannot afford the fine fee or an increase in my my car insurance. I not trying to make an excuse for my actions. It was just one of those days of running late. My daughter called to ask if I would be home in time to bring her to work. I answered angrily telling her Im running late but I will get her there in time. It was quick phone call,yet stupid for me to answer. I try so hard to get my 3 children where they have to be. The stress of thst itself is overwhelming, now I have this ticket. Any advice on how not to get points and a reduced fine. Thanks

    • Adam Rosenblum
      February 18, 2015

      Please contact us for a free consultation. We need more information, specifically, which court will be handling this matter.

  • Anthony
    February 17, 2015

    Besides the price for the cell phone ticket do I have to go and pay the DMV an additional amount of 450.00 someone had told me this and I would just like to find out if it is true

    • Adam Rosenblum
      February 18, 2015

      The DMV assesses a charge based upon the amount of points you receive on your license. For 6 points, you will incur a fine of $300. This amount increases by $75 for every additional point thereafter.

  • Adam
    February 12, 2015

    Received a ticket for having device on for GPS while in motion. I’m not NY resident and am out of state. Officer said citation will not be detrimental to points on my license and that I just need to pay the fine. Is it worth fighting this? How do I confirm points will not be added? What do the points mean for me? From Texas. What happens if I don’t pay fine and how can I fight being out of state?

    Thanks

    • Adam Rosenblum
      February 13, 2015

      This ticket carries with it 5 points, $138 fine, and a significant impact on your insurance. You need to contact your home state’s DMV to determine how many points will transfer there. If you retain an attorney, you do not need to appear in court.

  • Eric
    February 12, 2015

    I received a 1225c in queens NY. The officer said I was on my phone and it was near my ear but neither of those things were true. My work phone records will indicate I was not on my phone at the time the ticket was written. I was also in a commercial vehicle. I want to plead not guilty but I don’t know how to prove it at the trial.

    • Adam Rosenblum
      February 13, 2015

      Eric – You may contact us for a free consultation. We will be happy to advise you further.

  • Paddy
    February 11, 2015

    Is it illegal to talk on speaker phone while driving if the phone is in your hand? What if it is sitting on your lap?

    • Adam Rosenblum
      February 13, 2015

      Yes, it is. It is a crime to use a portable electronic device while driving.

  • chris sakellaris
    February 4, 2015

    I received a summons for 1225c2a in nyc earlier today. The issue I have is that I wasn’t on the phone nor did I have it up to my ear as stated in the vtl. The description on the ticket also states “unauthorized use of handheld electronic device” which applies to 1225d. I have cellphone records to back up my claim. should I plead not guilty?

    • Adam Rosenblum
      February 12, 2015

      Yes you should. Proving that you were not speaking on a cell phone will allow you to avoid the harsh penalties associated with a cell phone violation.

  • Angela
    February 3, 2015

    My husband got a ticket for using his cell phone in NYC while stopped at an intersection or light. He was on a work delivery, in a work truck. He has a CDL. The ticket SPECIFICALLY says he was on his cell phone, which he states he was merely adjusting the GPS on the dash (not to read it but to just adjust it). Is there any way we can argue this. From what I’ve read, CDL drivers are held to a higher standard, which I understand; however, we are worried about the implications on his CDL, his insurance, etc with his company, especially for something he was not doing. Could we fight the technicality of the GPS and the ticket SPECIFYING cell phone? I was told specifically something about only a certain class of officers can write these tickets or some nonsense? We received a notice for a hearing, but cant verify when that is because the TVB will not answer their phone (we moved and the notice got misplaced). Thoughts?

    • Adam Rosenblum
      February 12, 2015

      Angela – What violation code is specifically written on the ticket?

      • Angela
        August 3, 2015

        Adam, apologies for this taking forever to respond. I finally found the ticket. The Violation says “1225D1 and the description says “use of electronic device while in motion. (texting on cell phone)”.

        As stated in my previous response, my husband has a CDL. He was not on his cell phone. He said all he can think of is he was adjusting the GPS, but definitely not using his cell, as records can prove.

        • Adam Rosenblum
          August 11, 2015

          Angela – 1225D penalizes drivers who improperly ‘use’ an electronic portable device. Thus, the statute is written in a very broad manner, to encompass a litany of actions. I suggest you contact us to discuss further. This is especially relevant in your situation, as your husband is a CDL driver.

  • ricardo
    February 3, 2015

    Hi I got a 1225c ticket I want to know if its possible to fight this ticket even doe my phone was no near my ear and its Bluetooth to my car once I’m in the car plus the I’d number the officer wrote on the ticket has one number different then my I’d. Can this ticket be dropped?

    • Adam Rosenblum
      February 12, 2015

      While a clerical error on the part of the officer will not warrant a dismissal, there are other methods of fighting this type of violation.

  • Jeet
    February 1, 2015

    I got cellphone ticket in 2012,(OP MV) $50 fine with 3points ,I want to ask that how long it stayed in my driving record.

  • Aziz
    January 30, 2015

    I was issued a ticket for improper use of a cellphone. I explained to the officer that i was not using my phone that i was using a device w/ a speaker. He told me it did not matter because i touched my phone.

    • Adam Rosenblum
      February 1, 2015

      Aziz – you are being charged with “use of portable electronic device,’ which does not require you to be speaking on the phone. Similar to the other cell phone law, this is a 5 point ticket and will impact your insurance rates.

      • Aziz
        May 27, 2015

        what are the fees for showing up and fighting my ticket for me? Also, is im found guilty and my license is suspended can i drive during work hours?

  • Kevin
    December 15, 2014

    received a cell phone ticket while I was using it as a gps. It was sitting on my lap and not being held in my hand (just holding it in place). I wasn’t pressing anything just glancing down at it. what would be the best course of action in fighting it?

    • Adam Rosenblum
      December 17, 2014

      Kevin – You are likely facing the violation of Use of Portable Electronic Device. The fines for this violation depend upon which court is handling your case, although this is a 5 point ticket no matter where your case will be heard. This ticket has a significant impact on your insurance, and I strongly suggest you plead not guilty.

  • John brown
    December 9, 2014

    I received a mobile phone ticket coming out of a parking lot while in a commercial vehicle the ticket does not state I was in commercial vehicle just o/v on mobe phone am fighting it have a spotless record could this get plea bargained to parking ticket with no points

    • Adam Rosenblum
      December 11, 2014

      Hi John,

      It depends on where you received the cell phone ticket regarding whether you can get the violation reduced through a plea bargain. If you received the ticket in one of the five boroughs of NYC or in Rochester or Buffalo, you are dealing with the Traffic Violations Bureau (TVB). In the TVB there is no prosecutor with whom you can negotiate a plea deal. The TVB court is a trial type process and requires an actual trial to get your ticket dismissed. As you probably are already aware, taking the conviction means expensive consequences and points. Having an experienced traffic attorney handle your case is the best way to achieve a dismissal of your ticket and avoid the expensive consequences.

  • Charles Wechsler
    December 6, 2014

    I received a summons for a Cell phone device in my hand while my vehicle was standing still, can we fight this ticket and will such a summons have points on my license? Can we plea for no points and just the summons if so how?

    • Adam Rosenblum
      December 11, 2014

      Hi Charles,

      Unfortunately you can receive a ticket for holding the cell phone in your hand while your car is not moving, so long as the car is in operation with your keys in the ignition. On the bright side, we can still fight your ticket. Whether we can plea bargain to reduce your points depends on which court your ticket is being handled out of. Certain courts do not allow plea bargaining, and in those courts it is a trial type process to dispute your ticket. Having a skilled attorney who has trial experience is definitely a plus and the most probable way you will have your ticket dismissed if you are in one of these courts.

  • Anne Anne Anne Parkhurst
    November 24, 2014

    I recieved a cell phone ticket and wasn’t talking on phone. it wase in October and I am from NH I was holding phone in lap and then pressing button for Siri to tell it to send message to someone. is that Permissible. There isn’t a cell phone law in effect in NH yet will I still get points attached if found quilty. I am going to fight it

    • Adam Rosenblum
      November 25, 2014

      Hi Anne,

      There are two types of cell phone tickets that you can receive in NY. If you received the device ticket (your ticket would say that you violated subsection 1225(d) of the VTL) then unfortunately you do not need to be engaged in a phone call at the time that the officer issues you the citation. He can issue the citation if you are holding the device and it is not attached to your car. It is still a good idea to fight your ticket however because even if NH does not have an equivalent violation with points attached, if you are convicted of this offense in NY, NY will report the conviction to NH and the violation will appear on your driving record. The violation appearing on your driving record is what will cause an insurance hike. Also you should be aware that a cell phone ticket may transfer as a “careless driving” offense depending on the jurisdiction. You can call our office at 888-883-5529 for a free consultation to discuss your options and how we can help you fight the ticket.

  • Gloria
    November 18, 2014

    My husband has always had a clean driving record and took a call when his step father was in the hospital he sent the ticket in and plead guilty I thought he should fight it and has not received the fine yet I told him we should call traffic court avd say he made a mistake but he feels he will not win because he did answer the phone for a emergency and he got the ticket on his 48th birthday that doesn’t matter any advice you have for me ?

    • Adam Rosenblum
      November 19, 2014

      Gloria,

      If your husband plead guilty to the offense, and the guilty plea has not been entered into the court’s system, then there is a chance that you can reverse the guilty plea. If they will allow you to reverse the guilty plea, then we can fight his ticket which will mitigate his expenses and the negative insurance consequences that will flow from the guilty plea. If the court will not allow you to reverse the guilty plea then we may still be able to help, depending upon which court he is dealing with. In order to better assist you, you should contact our office immediately to discuss this matter further and how we can help.

  • JEANNINE SFERRAZZA
    October 29, 2014

    RECEIVED A TICKET FOR 1225D. WAS DRIVING MY MOTHERS VEHICLE AND MY IPOD WAS CONNECTED THROUGH MY BLUETOOTH BUT IN HER VEHICLE I AM NOT ABLE TO CHANGE THE MUSIC FROM THE DASH SO I WAS GLANCING DOWN AT THE PHONE WHEN THE OFFICE CAUGHT ME. I ADVISED I WAS NOT TXTING JUST CHANGING THE MUSIC AND EXPLAINED. I PRESENTED HIM W/ MY LICENSE, INSURANCE, REGISTRATION WAS ON THE WINDOW AS I WAS NOT IN MY OWN VEHICLE, AND MY BROTHERS NYPD BADGE. HE WAS RUDE, AND THREW THE INSURANCE CARD AND BROTHERS BADGE AT ME AND STATED HE DIDNT CARE ABOUT THAT, CAME BACK AND ISSUED ME THE 1225D.

    • Adam Rosenblum
      November 6, 2014

      Jeannine,

      Yes unfortunately the officer can issue a 1225(d) ticket based on his observation of a motorist using any handheld device, not just a cell phone. The way to avoid the 1225(d) ticket is by attaching the device to your vehicle (e.g. on your dash or your windshield) and program it before you drive. In any event, all hope is not lost because we can still fight your ticket. Call us for a free consultation at 888-883-5529 to discuss your options further.

  • frank hollman
    October 27, 2014

    i received a ticket on 10/10/14 in new york for “cell phone while vehicle in motion” .
    I think it carries 5 points on my drivers licence. can i fight this ticket
    and reduce these points from my licence?

    • Adam Rosenblum
      November 17, 2014

      Frank,

      Yes, you can always fight a traffic ticket that an officer issues to you, and we can help you do it, saving you time and money. You are correct that a cell phone ticket carries five points and that if you are convicted those points will accrue on your license. This violation can also cause heavy insurance increases because to an insurer it means you are a “riskier” driver. Give us a call for a free consultation at 888-883-5529 to discuss your ticket, your options, and how we can help you.

      • Joshua
        April 12, 2015

        I just got a cell phone ticket and I have a junior license can I get it reduced?

        • Adam Rosenblum
          April 15, 2015

          How this case is adjudicated will depend on which court is handling the ticket. You may contact us to discuss further.

    • Andrew Charles
      April 15, 2015

      I got a cell phone ticket while my phone was on speaker in my hand , no way close to my fface.can you prevent me from getting the points that comes with the ticket

      • Adam Rosenblum
        April 19, 2015

        You may contact us to discuss further, as we need more information.

    • luis rodriguez
      August 13, 2015

      I got a improper used phone ticket in queens and im from nj the poins tranfer? Can i fight the ticket?

      • Adam Rosenblum
        August 18, 2015

        Assuming you have no prior cell phone violations in NJ, points will not be added to your license for this. However, this ticket might impact your insurance rates. As the treatment of cell phone tickets by NJ is rather complex, I suggest you contact us to discuss in further detail.