If you’ve received a cell phone ticket in Brooklyn, New York, you’re not alone. Many drivers are ticketed for using their cell phones while behind the wheel, but there are ways to fight these tickets in Brooklyn court. Whether you were using your phone for a quick call or checking your GPS, it’s important to understand the laws surrounding cell phone use while driving and the possible defenses you can use in court. In this article, we’ll explore how you can Fight cell phone tickets in Brooklyn court, the legal grounds for contesting the ticket, and the steps to take to increase your chances of success.
Understanding the Law on Cell Phone Use While Driving
In New York, it’s illegal to use a handheld mobile phone while operating a vehicle. This includes texting, calling, or using an app. Under New York Vehicle and Traffic Law (VTL) 1225-c, a driver is prohibited from holding and using a mobile phone while driving, with some exceptions for hands-free devices. This law also applies to drivers who are stopped in traffic but still behind the wheel. If you’re caught using your phone without a hands-free device, you may be issued a ticket by law enforcement.
Reasons to Contest a Cell Phone Ticket in Brooklyn Court
There are several valid reasons why you may want to contest a cell phone ticket in Brooklyn court. One of the most common reasons is that you believe you were not actually using your phone. Sometimes, an officer may mistakenly issue a ticket if they observe you holding your phone, but you may not have been using it. Another reason is that you may have been using a hands-free device, which is not a violation of the law. In such cases, you should provide evidence that supports your claims, such as witness testimony, phone records, or vehicle data. It’s also possible that the ticket was issued in error or that the officer’s observations were inaccurate, making it worth contesting in court.
Step 1: Review Your Cell Phone Ticket
The first step to fighting a cell phone ticket in Brooklyn is to carefully review the ticket itself. Ensure that all of the information on the ticket is correct, such as your name, vehicle information, and the date and location of the offense. If any details are wrong, you may have grounds to challenge the ticket. Additionally, check whether the officer indicated the specific violation on the ticket. If there is any ambiguity about the violation or lack of supporting evidence, this could be helpful for your defense.
Step 2: Gather Evidence to Support Your Case
The next step in contesting a cell phone ticket in Brooklyn court is to gather as much evidence as possible. If you believe that you were not using your phone, gather any proof that supports your argument. This could include phone records, which may show that no calls or texts were made during the time of the alleged violation. You could also request surveillance footage from the area, which may show whether you were indeed holding your phone. Additionally, if there were passengers in your vehicle, their testimony can support your defense if they can confirm that you were not using your phone.
Step 3: Decide Whether to Plead Guilty or Not Guilty
Once you have reviewed the ticket and gathered evidence, the next step is to decide whether to plead guilty or not guilty to the charge. If you choose to plead guilty, you will have to pay the fine and may face additional penalties, such as points added to your driving record, which could lead to higher insurance premiums. However, if you decide to plead not guilty, you will have the opportunity to present your case in Brooklyn court. A not guilty plea is often the best option if you believe the ticket was issued in error or if you have valid evidence that supports your innocence.
Step 4: Attend the Brooklyn Court Hearing
If you choose to contest the ticket, you must attend the court hearing on the scheduled date. Be sure to arrive early and dress appropriately for court. When your case is called, present your evidence in an organized and clear manner. This may include showing your phone records, providing witness statements, or explaining your version of events. Be respectful to the judge and the officer, and avoid arguing or interrupting. If the judge finds that there is sufficient evidence to support your defense, they may dismiss the ticket or reduce the fine.
Step 5: Consider Legal Assistance
Fighting a cell phone ticket in Brooklyn court can be complex, especially if you’re unfamiliar with traffic laws. If you’re unsure of how to proceed or want to increase your chances of success, you may want to consider hiring an attorney. A traffic ticket lawyer who specializes in cell phone violations can help you navigate the court system and present a strong case. They can also negotiate with the prosecutor to potentially reduce the fine or have the charges dismissed.
Consequences of a Cell Phone Ticket in Brooklyn
If you’re unsuccessful in fighting your cell phone ticket in Brooklyn court, you will be required to pay the fine, which can range from $50 to $200, depending on whether it’s your first violation or if you have prior offenses. Additionally, a cell phone ticket carries points that will be added to your driving record. If you accumulate 11 or more points within 18 months, your license may be suspended. Furthermore, insurance companies may raise your rates if you have points on your driving record.
Conclusion
Fighting a cell phone ticket in Brooklyn court is possible, but it requires preparation and understanding of the law. By reviewing your ticket, gathering evidence, and attending your court hearing, you increase your chances of a favorable outcome. If you’re unsure of how to proceed or need professional assistance, hiring an attorney is a good option. Remember that contesting a ticket may save you from costly fines and insurance rate increases, so it’s worth considering if you believe the ticket was issued in error. With the right approach, you can effectively fight your cell phone ticket in Brooklyn court and protect your driving record.