Cell Phone Tickets in Westchester County, New York
Cell phone ticket laws in New York State are now amongst the toughest in
the country. A violation for using a cell phone while driving will result
in 5 points being assigned to your driver's license, hefty fines and
substantially increased insurance premiums. The stakes are even more severe
for a driver who has a probationary or junior privilege to drive. Upon
a first conviction, their driver's license can be suspended for sixty days.
In Westchester County, as well in surrounding counties such as Bronx County,
Putnam County and Rockland County, the amount of cell phone tickets being
issued to drivers continues to increase every year. One reason for this
is that drivers who are issued cell phone tickets in Westchester County
do not fully understand the cell phone ticket laws.
Breaking Down the Cell Phone Ticket Law in New York
New York Vehicle and Traffic Law ("VTL") Section 1225-c (2)(a)
"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
What does "using" a mobile telephone really mean?
The term "using" is not subject to the driver's own definition
or interpretation. Instead, New York VTL Section 1225-c(1)(c) defines
the term "using" as "holding a mobile telephone to, or
in the immediate proximity of the user's ear."
What does "engaged in a call" mean?
The law defines "engaged in a call" as "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
What is a "hand-held mobile telephone?"
The law defines a "hand-held mobile telephone" as a "mobile
telephone with which a user engages in a call using at least one hand."
What is a "hands-free mobile telephone?
The law defines a hands-free mobile telephone as "a mobile telephone
that has an internal feature or function, or that is equipped with an
attachment or addition, whether permanently 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."
The presumption that the driver is making a call
The cell phone ticket law in creates a presumption that if the driver
holds a cell phone "to, or in the immediate proximity of the user's
ear" the driver is presumed to be engaged in a call. As a consequence,
when a driver appears in any traffic ticket court in Westchester County
they must be prepared to prove that they were not actually engaged in call.
This is a very difficult thing to do. This is why it is highly recommended
that drivers who are issued cell phone tickets in Westchester County seek
the assistance of a skilled and experienced Westchester County cell phone
ticket lawyer to assist them in defending against their 5 point cell phone ticket.
Out of State Drivers & Cell Phone Tickets in Westchester County, NY
If a driver with an out of state driver's license receives a cell phone
ticket in New York, the New York State DMV will create a driving record
based upon your name, date of birth and address. If an out of state driver
obtains 11 points in New York within an 18 month period, their privilege
to drive in New York will be suspended. In addition, a cell phone ticket
conviction in Westchester County or anywhere in New York State will appear
on the driver's home state driving record. This could result in the
driver's home state assigning points to the driver's license and
insurance premiums to go up.
Necessity of Hiring a Westchester County Cell Phone Ticket Lawyer
If you have received a cell phone ticket in Westchester County or any surrounding
counties, you should strongly consider hiring a cell phone ticket lawyer
in Westchester County to assist you in preparing and defending against
your ticket. Cell phone tickets in Westchester County and surrounding
counties are now very aggressively prosecuted. If convicted, a driver
will face hefty insurance increases, five points on their driver's
license and significant fines. The Westchester County cell phone ticket
lawyers at our firm have a proven record of experience in successfully
defending against cell phone tickets throughout Westchester County and
call us for a free consultation at (914) 840-5104 or contact us online.