Using a cell phone while driving is illegal in New York, and getting ticketed for it can be an annoying and expensive experience. You may be tempted to simply pay the fine and move on, but contesting a cell phone ticket can be worth it in many cases. Here’s what you need to know about the costs, requirements, and strategies for fighting a cell phone ticket in New York.
What are the fines for cell phone tickets in NY?
The base fine for a cell phone violation in New York is $50 for the first offense, but with mandatory surcharges and fees, the total cost comes out to around $150. For subsequent offenses within 18 months, the base fine increases to $100-$200, bringing the total to around $300-$400 with surcharges and fees.
Points are also assessed against your license. You’ll get 5 points for the first offense, and 10 points for the second offense within 18 months. This can cause your insurance rates to increase significantly.
Is it worth it to fight the ticket?
With the high fines and insurance impacts, it can absolutely be worth it to contest your cell phone ticket. If the ticket is dismissed, you’ll pay nothing and get no points on your license. Even pleading down to a lesser offense like a parking violation can save you money.
It costs nothing to plead not guilty and request a hearing. While you’ll have to put in some time and effort, the potential savings make it worth trying in many cases.
What are the requirements for contesting a ticket?
To fight a traffic ticket in New York, you must plead not guilty within 15 days of receiving the ticket. This can be done by mail or in person. The court will then schedule a hearing where you can present your case.
You have the right to have an attorney represent you, but this is not required. If you can’t attend on the initial hearing date, you can request an adjournment to find a new date.
What are some strategies for fighting a cell phone ticket?
Here are some of the most common defenses and strategies used for contesting cell phone tickets:
You weren’t actually using your phone
If you were wrongly accused of using your phone, testify that you were not on your phone at the time. Bring up any evidence or circumstances that support your innocence.
Challenge the officer’s identification
If you don’t believe the right person was identified, contest whether the officer accurately saw who was using the phone. Was visibility limited? Could they be mistaken?
Question the officer’s training and experience
Does the ticketing officer have adequate training and experience to judge cell phone use accurately while driving? Undermine their credentials and expertise.
Dispute the officer’s testimony
If the officer’s description of events differs from yours, point out the discrepancies. Their testimony may have inconsistencies or illogical conclusions.
Argue circumstances prevented safer options
If you needed to use your phone for an urgent reason like contacting emergency services, explain why it was necessary given the circumstances.
Request a reduction to a lesser offense
See if you can get the charge reduced to a parking ticket or similar violation that doesn’t add points. Offer this compromise to the prosecutor.
What evidence can help fight the ticket?
Having solid evidence to back up your testimony can go a long way. Some types of evidence that may help include:
- Phone records showing you didn’t use your phone at that time
- Photos or video footage from the scene
- Audio or video recordings that contradict the officer’s testimony
- Witness statements from passengers supporting you
- Data showing your phone was on hands-free mode
- Records of emergency calls or other urgent phone use
How strong is the officer’s testimony on its own?
The officer’s sworn testimony alone is often sufficient evidence for a conviction. But it is not a slam dunk case, and merely the officer’s word against yours. Their testimony can still be challenged and disputed with other evidence and defenses.
Some key things that could undermine the officer’s account include inconsistent facts, lack of clear visibility, errors in identifying the driver, and credibility issues if they have a history of discipline or misconduct.
How can you increase your chances of winning?
To maximize your odds of beating a cell phone ticket, make sure to:
- Carefully review the ticket and officer’s notes
- Obtain any evidence that contradicts the officer’s account
- Raise doubt about the officer’s training and ability to judge cell phone use
- Meticulously prepare your own testimony with key facts that support innocence
- Dress professionally and maintain composure in court
- Request plea deals to lesser violations if challenged on the cell phone charge
Having an experienced traffic ticket attorney can also greatly help your chances by navigating the legal complexities.
What are the potential outcomes of fighting it?
There are several potential results from contesting a cell phone ticket:
- Dismissal – The best outcome, with no fines and no points.
- Lesser plea deal – Pleading to a lesser offense like failure to obey a traffic device. Reduced fine and points.
- Guilty verdict – You are still found guilty of the cell phone violation. Full fine and points assessed.
- Adjournment in Contemplation of Dismissal (ACD) – Case dismissed if you stay out of trouble for 6 months. No admission of guilt.
Even if the ticket isn’t dismissed fully, getting a plea deal or ACD can still be a decent outcome compared to being found guilty.
Can you appeal if you lose your hearing?
If you are found guilty at the initial hearing, you generally have 30 days to file an appeal. This will grant you a new hearing before a judge (instead of the hearing officer).
You’ll need strong grounds for your appeal, like new evidence or errors made in the original hearing. Appeals can overturn a guilty verdict but they have a high bar to meet.
Conclusion
Fighting a cell phone ticket in New York takes effort but can save you money and avoid license points. With the right evidence and arguments, you have a fair shot at beating the ticket or at least reducing it. Pay close attention to the officer’s testimony for inconsistencies to challenge. Just showing up and contesting the ticket can force a better plea deal in many cases. While there are no guarantees, with the high fines involved, it is usually worth contesting your cell phone ticket.