Author: Michael E. Underwood, Esq.
Frequently I am asked, “Do I need a lawyer for my cell phone ticket received in New York?”
In my professional opinion, Yes, you should contact an attorney who handles vehicle and traffic matters.
It is very distracting to be talking on a cell phone while driving. The New England Journal of Medicine found that, “the use of cellular telephones in motor vehicles is associated with a quadrupling of the risk of a collision during the brief period of a call.”
The New York State Department of Motor Vehicles (DMV) mandates that if you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a fine of $100 plus surcharges of an additional $50. The DMV does not assess any points for a cell phone infraction.
So, as a general rule, the ticket will not add “points” to a license. However, there are other consequences. If there is an accident involved, the driver who is on the phone may be considered the driver at fault. If you are in an accident and you are found to be “at fault,” your insurance rates may increase.
In addition, any traffic ticket conviction, including a cell phone ticket, will remain a part of your driving record for the next few years. If you are pulled over, or receive any other tickets within that time frame, law enforcement may not be willing to negotiate or reduce those tickets because you will not have an unblemished driving record. Consequently, it may be more expensive and challenging for you to contest any future tickets. Most driving infractions do carry points against your license which can lead to loss of driving privileges and increases to your auto insurance rates. Often times, an auto insurance company will terminate a policy for a risky driver.
If you receive a ticket for talking on a cell phone while driving, you should retain an attorney.
Colman & Underwood has many years of experience in handling vehicle traffic tickets. We handle many vehicle and traffic infractions in Onondaga County and Madison County, including the towns, cities and villages of Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida and many other areas.
About the Author
Michael E. Underwood, Esq. is an attorney with Colman & Underwood.
