NY Cellphone Ticket Lawyer in New York State

§ 1225-c. Use of mobile telephones. 1. For purposes of this section, the following terms shall mean: (a) "Mobile telephone" shall mean the device used by subscribers and other users of wireless telephone service to access such service. (b) "Wireless telephone service" shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. § 20.3. (c) "Using" shall mean (i) holding a mobile telephone to, or in the immediate proximity of, the user's ear; and (ii) with respect to a person operating a commercial motor vehicle, holding a mobile telephone to, or in the immediate proximity of, the user's ear, or dialing or answering a mobile telephone by pressing more than a single button, or reaching for a mobile telephone in a manner that requires such person to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with section 393.93 of title 49 of the code of federal regulations and adjusted in accordance with the vehicle manufacturer's instructions. (d) "Hand-held mobile telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand. (e) "Hands-free mobile telephone" shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone. Provided, however, that for purposes of this section, a mobile telephone used by a person operating a commercial motor vehicle shall not be deemed a "hands-free mobile telephone" when such person dials or answers such mobile telephone by pressing more than a single button. (f) "Engage in a call" shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone. (g) "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear. (h) "Commercial motor vehicle" shall have the same meaning as such term is defined by subdivision four-a of section two of the transportation law. (i) "Motor carrier" shall have the same meaning as such term is defined by subdivision seventeen of section two of the transportation law. 2. (a) Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer. (b) An operator of any motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section; provided, however, that an operator of a commercial motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is also presumed to be engaging in a call within the meaning of this section except that a person operating a commercial motor vehicle while using a mobile telephone to engage in a call when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer shall not be presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. (c) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law. (d) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while operating a commercial motor vehicle as provided in this section. 3. Subdivision two of this section shall not apply to (a) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter, or (c) the use of a hands-free mobile telephone. 4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollars.

Brooklyn South TVB, Brooklyn North TVB, Bronx TVB, Staten Island TVB, Manhattan South TVB, Manhattan North TVB, Queens North TVB, Queens South TVB are the locations for the dreaded traffic violations bureau. In the TVB, there is no plea-bargaining, it is win or lose, all or nothing. Therefore it doesn’t work like a normal “court.” Here is how it works, and this is our approach: We show up first time, if cop is no show, we ask for dismissal, which they usually don’t agree to. If we show up 2nd time and cop is also no show, then they usually dismiss If we then show up 2nd time and cop shows up, we ask for new court date If we show up first time and cop is there, we ask for new date, which they usually agree to. Then if we show up 2nd time and cop is not there, we ask for dismissal, which they usually don’t agree to If cop shows up 2nd time, we get a new court date by posting a $40 refundable bail Finally it comes to either Cop doesn’t show and ticket is dismissed Cop does show and there is a trial If cop loses his notes and shows up without then, then we win If cop makes mistakes or contradicts himself, then we win. If cop testifies perfectly, and has his notes, even if he is lying, then we usually lose, because, of course, there is no plea bargaining.  

Upstate NY Tickets

The New York States Police are very busy on the Thruway giving texting ticket, failure to yield to emergency vehicles, failure to signal, child seatbelt tickets. we handle Albany County texting tickets, Allegany County cell phone tickets, Bronx County cell phone tickets, Broome County cell phone tickets, Cattaraugus County electronic device, Cayuga County cell phone tickets, Chautauqua County electronic device, Chemung County cell phone tickets, Chenango County electronic device, Clinton County cell phone tickets, Columbia County cell phone tickets, Cortland County electronic device, Delaware County electronic device, Dutchess County cell phone tickets, Erie County cell phone tickets, Essex County electronic device, Franklin County cell phone tickets, Fulton County electronic device, Genesee County cell phone tickets, Greene County electronic device, Hamilton County electronic device, Herkimer County electronic device, Jefferson County electronic device, Kings County (Brooklyn) cell phone ticket, Lewis County cell phone ticket, Livingston County drunk driving, Madison County electronic device, Monroe County electronic device, Montgomery County electronic device, Nassau County electronic device, New York County (Manhattan) electronic device, Niagara County texting tickets, Oneida County texting tickets, Onondaga County texting tickets, Ontario County texting tickets, Orange County texting tickets, Orleans County texting tickets, Oswego County texting tickets, Otsego County Cell phone ticket, Putnam County cell phone tickets, Queens County cell phone ticket, Rensselaer County cell phone ticket, Richmond County (Staten Island) cell phone ticket, Rockland County texting ticket, Saint Lawrence County texting ticket, Saratoga County texting ticket, Schenectady County texting ticket, Schoharie County texting ticket, Schuyler County texting ticket, Seneca County texting ticket, Steuben County texting ticket, Suffolk County texting ticket, Sullivan County child seatbelt tickets, Tioga County reckless driving tickets, Tompkins County Cell phone tickets, Ulster County cell phone tickets, Warren County cell phone tickets, Washington County cell phone tickets, Wayne County cell phone tickets, Westchester County cell phone tickets, Wyoming County Violations of traffic law, not to mention Yates County Speeding summons.