Texting while driving and using a cell phone while driving

If you were pulled over for violating VTL 1225(c) or 1225(d)(1), the officer is accusing you of using a cell phone or other portable electronic device while driving. The law is written such that even just holding the device “in a conspicuous manner while operating a motor vehicle” is enough to get you the ticket. It’s possible to defend that presumption if the ticket is taken to trial.

According to the law, most drivers are forbidden from texting, playing games, making or receiving calls, or otherwise using a phone or other device “while the vehicle is in motion,” but truck drivers cannot use devices while paused in traffic or stopped at a traffic light; if you’re in a commercial vehicle, you must pull over and park your vehicle first.

On a guilty plea for a first offense, a judge can assess a fine of up to $293.00; it will also result in five points on your license, which is more than you’d get for being found guilty of driving 20 mph over the speed limit.

If you have been accused of texting while driving or otherwise using a portable electronic device from behind the wheel, upload your cell phone ticket here to get a free consultation about your case.