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Are There Exceptions to the NY Cell Phone Law?

  • When you're pulled over and issued a ticket for a cell phone violation, you might already be worried about paying for it. You might believe that you don't have a chance to fight back against a ticket for cell phone use. 

    However, there are a few exceptions to New York's cell phone law, and that can help your case. You want that ticket dropped, and the right defense can make a difference in your claim. If you're concerned about your getting your ticket dropped, make sure you understand the defenses you might have against a cell phone ticket before you head to court. 

    When You're at a Traffic Light

    When you're behind the wheel of a moving vehicle, you're expected to keep your attention on the road and other drivers at all times. However, the word “moving” can change how your case is handled. 

    New York law states that you cannot text while operating a moving vehicle. However, if you're waiting at a light, you're not necessarily operating a vehicle. As long as your vehicle wasn't moving, you might have a chance to avoid your traffic ticket and get the violation dropped. 

    Duress Can Change Your Case

    In some cases, an affirmative defense can help your case succeed. In these cases, you might agree that you were on your phone at the time the officer issued the ticket. However, there might have been other issues that affected you. 

    For example, if you're in the middle of a medical emergency, you might have been trying to get to the hospital, and you might have been talking to emergency services at the time. Although you were breaking the law, your ticket might be reduced or dismissed because you were responding to an emergency. That's especially true if you notified the police of the situation. 

    Because every situation is different, it's important to talk to your lawyer about whether you were under duress. The details of your stop or cell phone ticket can affect your case. 

    Discuss Your Cell Phone Ticket with a Lawyer

    If you’ve been ticketed for cell phone use behind the wheel, you don't have to simply accept the ticket. Instead, it's important to know that there are exceptions to this law, which can affect your future. 

    Fortunately, you'll have a chance to act now for your case. Reach out if you've been ticketed for a cell phone violation and believe you shouldn't have received that ticket. A NYC cell phone ticket lawyer at the Law Office of James Medows can review the details of your ticket and work diligently to defend you in traffic court. 

    To get started with your case, reach out for help. Give us a call at 917-856-1247 or visit us online to learn more about our services.