Legal Question in Traffic Law in New York

cell phone ticket

I was driving and had my cell phone charging, and in the seat next to me. My son was home alone, so I checked the phone to make sure it was on. It wasn't, so I turned it on , and then set it back down. I got pulled over for using my cell phone while driving. I explained that I just turned it on and set it back down, and that I wasn't making a call. He still gave me a ticket. Is what I did illegal? I couldn't beliieve he gave me a ticket!!!


Asked on 8/30/07, 2:27 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: cell phone ticket

The ticket can be issued if the officer perceves that you are using the phone. Having it in your hand while driving even though you did not use it is what is the basis for the charge. You can get the cell phone bill and use that to demonstrate to the court that you were not on the telephone at the time of the ticket. I would fight this one.

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Answered on 8/30/07, 8:18 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: cell phone ticket

You are not permitted a handheld phone. If it was in your hand an on, it was.

Good Luck

RRG

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Answered on 8/30/07, 9:57 pm


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