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Your email address will not be published.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

    Jim never disappoints! He and his office have handles several driving infractions for me, and the entire office is attentive, courteous and professional. And, my ticket was thrown out!! Thanks Riotto Law!

    Read more

    Cindy Calzone

  • google
    5.0/5.0

    Alexis handled my ticket very professionally and ensured I was offered the best arrangement avaliable. Highly recommended!

    Read more

    Krypt

  • google
    5.0/5.0

    I was recently stopped for speeding in New York and given a ticket with a significant fine and points on my license attached to it. Thanks to the team at Riotto Law I was able to take a 5 hour defensive driving course and all fines and points were di...

    Read more

    Kaela Shafer

  • google
    5.0/5.0

    We acquired the services of Janes Riotto without knowing much about him and his team, then we learned some thing very fast, James Riotto knows the law as do all people that work for him and because they do we had a very favorable outcome of our ca...

    Read more

    John DiCarlo

  • google
    5.0/5.0

    We loved working with Alexis and Mr. Riotto, they responded promptly and went above and beyond to get everything dismissed and this was for a CDL driver! Would recommend their service, definitely!!!

    Read more

    Anna Bondaruk

See all reviews
Contact us

Quick Contact Form