Nassau County Cell Phone Violation Lawyer

New York State has always been at the forefront of cell phone laws. New York was the first state to ban cell phone use while driving a vehicle without the assistance of hands-free methods. Albany passed the first cell phone bill in 2001, right on the verge of its wide popularity. Legislatures saw the effects of cell phone use on drivers across the state. While the violation was originally a mere infraction with a small fine, lawmakers have since realized the seriousness of the situation.

The laws have changed dramatically, and so have the abilities of cell phones. Now, cell phones can send and receive text messages, emails, allow one to search the web, get directions, and even video chat. As cell phones have expanded their capabilities, people have become more and more distracted, putting themselves and others on the road in danger. In response, New York State has become one of the strictest states with the harshest laws related to cell phone use.

As such, you can face this offense if you use your handheld device while driving or stopped at a red light. However, New York law clarifies that a vehicle in motion is any vehicle that is not lawfully parked or pulled over.  At one time, law enforcement may or may not pull you over for using a cell phone. Now, law enforcement proactively seeks out individuals illegally using cell phones. If you have been issued a cell phone violation ticket, don’t be fooled; you are in a serious situation, and you need a lawyer. A cell phone ticket has become one of the most serious tickets one can get on the road today. If you need our legal services, contact KCS Law

A cell phone violation: consequences

Aside from major speeding tickets, cell phone violations are some of the most serious traffic tickets you can get on the road. There are a few other tickets with such a high point penalty. Other tickets with a comparable penalty include failure to stop for a school bus, top-tier speeding tickets, and, of course, reckless driving. According to the DMV, a violation of illegal use of a cell phone or another portable electronic device is a 5-point ticket. This ticket will drastically impact your insurance premiums and subject you to other fines. It’s important to understand that the lookback period for point-based license suspension has increased from 18 to 24 months. Additionally, the Driver Responsibility Assessment (DRA) is triggered when a driver reaches 6 points within an 18-month period. Because a cellphone violation is 5 points, any other moving violation that results in points will subject you to a DRA, which includes a $300 fine. Cell phone violations also come with the following fines that vary depending on your location, including:

• First offense: $50-$200
• A second offense within 18  months: $50-$250
• Third and subsequent offenses within 18 months: $50-$450

You should note that New York State also implements a mandatory surcharge for a VTL 1225-C or VTL1225-D offense. This surcharge, depending on the type of municipality where the offense is committed, will be $88 or $93.

It is important to note that if you accumulate 10 points on your driving record, you may have your license suspended. If you are a probationary or junior driver with a Class DJ or MJ driver’s license or learner’s permit, you will have your driving privileges suspended for 120 days. Another ticket within 6 months will subject you to a revocation of your driving privileges for at least 1 year after the initial suspension is over. 

Additionally, drivers in New York who accumulate 7-10 points (which is the case if you receive a cell phone ticket plus almost any other ticket) within 24 months may be required to attend a DMV-approved Driver Improvement Course.

Contact a Long Island cell phone violation lawyer

If you are issued a cell phone violation in the state of New York, you have a lot to consider, which is why speaking with an experienced attorney is in your best interest. It is important to fight these charges, as they come with serious present and future financial burdens. If you were issued another ticket, you may find yourself in a precarious situation. You need to contact an attorney as soon as possible. Contact KCS Law to fight your ticket and work to conclude your legal matter in the best possible way.