Search Site
Menu
Driving While Using A Cell Phone

Earlier this year a section of New York’s Vehicle and Traffic Law (“VTL”) was amended to permit a police officer to stop a motorist for operating a vehicle while using any portable electronic devices. The VTL defines portable electronic devices as a personal digital assistant (PDA), cell phone, two-way messaging device, electronic game or portable computing device. VTL § 1225(d)(2)(a).

All drivers should know that “using” a portable electronic device while operating a vehicle includes more than just sending or receiving text messages. Using, for the purposes of violating this section of law, includes simply holding the device and browsing the internet.

A motorist who is using a device for the purpose of reporting an emergency situation to 9-1-1, a hospital, a police department or fire department are not guilty of violating this new section. Also, the new section does not apply to police officers or fire department personnel while on duty. VTL § 1225(d)(3)(a),(b).

Any motorist who holds such a device while operating a motor vehicle is “presumed” to be using it in violation of this newly amended section of law. This means that if a motorist receives a ticket for operating a vehicle while using a personal electronic device then he or she bears the burden of proving they did not violate the law. VTL § 1225(d)(4).

This “presumption” can be overcome by the motorist through the submission of evidence which demonstrates the device was not in use at the time alleged in the ticket. For example, a cell phone bill from the motorist’s wireless provider which shows the lack of charges of air time or cell minute usage during the time alleged on the ticket could prove the device was not in use.

The importance of defending a ticket issued for operating a motor vehicle while using a portable electronic device cannot be minimized. A person convicted of the violation faces a fine of up to $150 and 3 administrative points assed by DMV.

© 2013 The Law Office of James L. Riotto – Attorney Advertising

The Law Office of James L. Riotto

30 West Broad Street, Suite 306, Rochester, NY 14614

(585)546-4001

[email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam Staier Attorney Photo
Adam Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    Mr. Riotto is amazing. He is very thorough, very kind and has the greatest knowledge. He handled my traffic case and the process was really smooth with the best results. If you hire Mr. Riotto, rest assured you are in great hands.

    Read more

    hemant anant jain

  • google
    5.0/5.0

    Very responsive and informational,Professional. I felt confident and comfortable trusting them my traffic violation. James and his team represented me with a case of a rough traffic violation and helped me keep my record clean, I am truly grateful.

    Read more

    Mike Marcello

  • lawyers
    5.0/5.0

    Mr. Riotto and his staff will work extremely hard on your case! Mr. Riotto is knowledgeable and will fight to get you the best result! He has an uncanny ability to explain difficult concepts in simple, understandable terms, without being condescendin...

    Read more

    Client

  • google
    5.0/5.0

    Lawyer James L. Riotto and his team have given me good guidance, courage, and excellent service, they charge a reliable fee to fight the case. He and his team have worked very hard on my case and successfully handled my case, I appreciate and thank ...

    Read more

    •Hello How are u•

  • google
    5.0/5.0

    Hi...we had a terrific experience with James and his team. My son had an accident on snowy roads while heading to Canada, and James represented us since we live so far away. He was able to negotiate a reduction in both the points and the size of th...

    Read more

    Kristen Maloney

See all reviews
Contact us

Quick Contact Form