Cell Phone Ticket - New York Vehicle & Traffic Law § 1225c(2)a

There are two main statutes dedicated to cell phone usage while driving a vehicle, Vehicle & Traffic Law § 1225c(2)a and Vehicle & Traffic Law § 1225d(1). The more common statute utilized by police officers is VTL § 1225-d-1. This is because VTL § 1225d1 encompasses all types of cell phone usage, whereas VTL § 1225-c-2 is limited to talking on the phone. If you were charged under VTL § 1225c there must be a factual allegation that you were using the phone to talk. Texting and other types of usage cannot be charged under VTL § 1225c.

If you were charged under VTL 1225-c2 the text of the violation on the ticket may appear as “OP MV – MOBILE PHONE”, or “IMPRPR CELLPHONE USE”, or “Driving While Using Mobile Phone”, among other descriptions. Either way, you are charged with a five-point ticket that carries a maximum fine of $293 (less in New York City). The largest cost is typically the increased insurance rates that comes along with a cell phone violation conviction.

Text of statute

The wording of the statute provides:

2.
(a) Except as otherwise provided in this section, 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 motion; provided, however, that no person shall operate a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.

Fighting an 1225c(2)a Ticket

The good news is that there are some strong defenses to this charge. In New York, your attorney can go to court in your place to handle all aspects of your traffic related charges. This means you can possibly avoid the points and the increased insurance rates without having to leave your home. For more information you contact the attorneys at the Benjamin Goldman Law Office PC.

VTL 1225c(2)a, Cell Phone Ticket Lawyer in New York

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We have been fighting all types of cell phone tickets since 2011 and we have vast experience handling such tickets in court. Many of our clients have been able to get their cell phone reduced to parking tickets or dismissed entirely. The Benjamin Goldman Law Office handles traffic-related charges in all parts of New York State. We take on cases in New York City, Long Island, Upstate New York, Capital District, North Country, Mohawk Valley, Central New York, Finger Lakes, Southern Tier, Western New York, Catskill Mountains and the Hudson Valley. Our firm fights hard for each case and each client. This is attested by the many five star testimonials we received. The Benjamin Goldman Law Office will be glad to take on your VTL 1225c2a ticket and we provide all motorists with a free consultation. We can be reached by text message, phone call, or email. You can get in touch with us at your convenience.

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