cellphone ticket advice needed
cellphone ticket advice needed
Neloc,
Driving into the midtown tunnel this afternoon while talking on my speakerphone blackberry, police at tolls pulls me over for using cellphone even when I show him that it is on speakerphone mode.
Any advice on this one? Points off?
Thanks in advance
Bill
Driving into the midtown tunnel this afternoon while talking on my speakerphone blackberry, police at tolls pulls me over for using cellphone even when I show him that it is on speakerphone mode.
Any advice on this one? Points off?
Thanks in advance
Bill
Lexus Test Driver
Joined: Aug 2003
Posts: 7,657
Likes: 1,413
From: Florida
its no points because its not a moving violation (it's just a citation, same as a seat belt citation would be) and I really don't think you can get out of it. Just pay the fine and be done with it...even if its on speaker if you are HOLDING the phone in your hand at all (not necessarily at your head) and the phone is activated its not considered "HANDS FREE" lol
you can HOLD the phone in your hand so long as its not activated, for instance you cannot get a citation for dialing a number or checking a text message even...but if the phone is in use you can be ticketed.
you can HOLD the phone in your hand so long as its not activated, for instance you cannot get a citation for dialing a number or checking a text message even...but if the phone is in use you can be ticketed.
NELOC Mod
Joined: Mar 2006
Posts: 5,201
Likes: 9
From: MD
I agree with NYLEX. Alot of times I will just prop my phone on my shoulder just under my shirt to talk on the speakerphone when I am in states that are tight with the cell phone law. You think the ticket for you is big,, try $300 for the same offense just because I am in a Commercial Vehicle. I did not receive one of these tickets,, but I know a few drivers that did. There are no points b/c it is not considered a moving violation. Either prop the phone on your shoulder and get it out of your hands,, or join the zillions of people who have that bluetooth headset.
Lead Lap
Joined: May 2004
Posts: 585
Likes: 1
From: New York
The only way is if you have a second cell phone line under your name that wasnt being used at the time, in that case - just take your phone bill which will list the date/time of all incoming/outgoing calls - I've gotten out of a few these tickets over the last 4 years .......they were all nassau/suffolk county.
Rookie
Joined: Feb 2004
Posts: 67
Likes: 0
From: ~~NY~~
It is certainly moving violation, but just carries no points and a $90 fine in New York City. You can try and dispute it if you want; since you said it was the Midtown Tunnel I'm guessing it was maybe a TBTA peace officer and not a NYC Police officer that wrote the ticket? They have to prove it by clear and convicing evidence, and for this violation, the elements that need to be stated in the testimony are: a.) what hand to what ear; b.) color or description of the phone, c.) person was speaking. So, they more or less need to show you are more likely on the phone than not.
The thing with the bill will not work, I saw it fail for some guy last week at TVB, the judge said how do I know you don't have a second phone? If you haven't gotten these tickets before then I really doubt one will kill your insurance.
The thing with the bill will not work, I saw it fail for some guy last week at TVB, the judge said how do I know you don't have a second phone? If you haven't gotten these tickets before then I really doubt one will kill your insurance.
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Lexus Champion
Joined: Dec 2005
Posts: 2,732
Likes: 1
From: now here
TBTA gave me a freaking tinted window ticket!
I should go and ask my mom on this matter, it seems like shes always getting stopped for cellphone tickets. I told her she should have kept her windows tinted.
I should go and ask my mom on this matter, it seems like shes always getting stopped for cellphone tickets. I told her she should have kept her windows tinted.
It is certainly moving violation, but just carries no points and a $90 fine in New York City. You can try and dispute it if you want; since you said it was the Midtown Tunnel I'm guessing it was maybe a TBTA peace officer and not a NYC Police officer that wrote the ticket? They have to prove it by clear and convicing evidence, and for this violation, the elements that need to be stated in the testimony are: a.) what hand to what ear; b.) color or description of the phone, c.) person was speaking. So, they more or less need to show you are more likely on the phone than not.
The thing with the bill will not work, I saw it fail for some guy last week at TVB, the judge said how do I know you don't have a second phone? If you haven't gotten these tickets before then I really doubt one will kill your insurance.
The thing with the bill will not work, I saw it fail for some guy last week at TVB, the judge said how do I know you don't have a second phone? If you haven't gotten these tickets before then I really doubt one will kill your insurance.
Rookie
Joined: Feb 2004
Posts: 67
Likes: 0
From: ~~NY~~
TBTA is...umm...not that good at court room testimony, fight it. It is going to depend solely on which one of the 5 judges you get there, what their mood is for the day, etc. The good part is its 0 points if you are found guilty. The bad part is your insurance company can increase you if you have had more than one of these; they'll think it shows you are distracted.
The use of cell phones while operating a motor vehicle is truly being enforced by law enforcement here in NYC. The "he said she said" scenario of kangaroo court as I call it, tends to lean on the side of law enforcement if you are pro-se. This minor traffic infraction is not worth the aggrevation of a day off. Just pay the fine Bill, and get bluetooth buddy
Unless you want to pay me 150 to defend you
Unless you want to pay me 150 to defend you