Search Site
Menu
Why to not plead guilty to cellphone violations while driving

Since texting and driving and other activities involving the use of a smartphone while behind the wheel are statistically shown to be the cause of a great number of crashes, law enforcement and governmental agencies are taking steps to dissuade drivers from the practice.

In New York State, drivers are prohibited from using portable electric devices while operating a vehicle. Included is talking on a handheld phone; messaging, reading or doing anything else with the device; taking or watching photos and videos and playing games.

If a law enforcement officer or traffic enforcement cites a driver for a violation of this law, there will be 5 points added to the violator’s driver’s license. Drivers who are operating with a probationary license, a Class DJ, Class MJ or a learner’s permit will have the driver’s license suspended for 120 days. If there are convictions of a violation again with six months after driving privileges have been restored, it will result in the driver’s license being suspended for a minimum of one year.

With a conventional license, for a first offense, the fine will be $50 to $200. A second offense within 18 months will result in a fine of $50 to $250. A third or subsequent offense within 18 months will result in a fine of $50 to $450.

There are exceptions to the law that might be used to lodge a defense. They are when the driver uses a hands-free device; when the device is affixed to a surface in the vehicle; when a GPS device that is attached to the vehicle is being used; when the call is due to an emergency to law enforcement, the fire department and the like; and when it is done as the driver is operating an emergency vehicle and performing official duties.

While many might not see cell phone violations to be of sufficient severity to hire an attorney, this is a mistake. The point system can cause problems for people as accruing a certain number can lead to a suspension of driving privileges. It will also cause insurance costs to rise. There are many reasons not to plead guilty when there is a chance to have the charges dismissed. Speaking to a legal professional about traffic violations and planning a defense is may be an important first step.

Source: safeny.ny.gov, “Distracted Driving, Talking & Texting,” accessed on June 19, 2017

Leave a Reply

Your email address will not be published.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

Meet Our Attorneys
  • What to do if pulled over for a DUI


    The ways to effectively handle DWI traffic stops

    Experienced drunk driving defense attorneys in Rochester know the best methods for defending their clients. But your handling of a police stop can make a difference to your defense. The following tips can help...
    READ MORE
Client Reviews
  • "All of my contact was handled very promptly and professionally. They were very knowledgeable and made me feel like my case was as important to them as it was to me."

  • "I highly recommend the Law Office of James L. Riotto. The entire staff is professional, knowledgeable and always willing to help. Mr. Riotto’s legal prowess coupled with his background in law enforcement give him the ability to be empathetic to his client’s circumstances while relentlessly striving for the best possible outcome."

  • "Everyone I’ve talked to in this office has always been kind and very helpful. I’ve used them a couple of times now and am very happy with the outcomes and how well they’ve communicated with me."

  • "I would like to say what an amazing job your office did for me. Your team really saved me and helped me save costs. I want to give a shout out to an amazing person who worked tirelessly for me.. Chelsea Gardner!! She is awesome. James, I tell everyone I know to call you and your team. True professionals and they do what they say!!"

  • "Mr. Riotto was very responsive to us on our initial call as throughout the legal process. It was very clear how he was approaching the case and what the outcome may be. It can be unsettling hiring an attorney we did not know. He very quickly put our minds to rest."

Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Reviews and Ratings
  • lawyers
    5.0/5.0

    Mr. Riotto was professional, responsive and personable. He worked diligently and aggressively on my case that resulted in a very favorable outcome. I would highly recommend his services to anyone who wants first rate representation!

    Read more

    Client

  • google
    5.0/5.0

    Excellent firm. Jim returns calls personally and promptly when needed. Fees are fair and straight forward. Very responsive and helpful and explains everything in plain English.

    Read more

    Mathew Hazan

  • google
    5.0/5.0

    My experience with the Law Office of Mr Riotto could not have been better. His paralegals and other support people were always professional and responsive. They kept me well informed and I could not be happier with the results of his work. If you ...

    Read more

    Robert Gibson

  • lawyers
    5.0/5.0

    All of the staff were very responsive and helpful from start to finish.

    Read more

    Client

  • google
    5.0/5.0

    Mr. Riotto and his team are excellent to work with. They were responsive to my questions, professional, knowledgeable and efficient. I cannot recommend them highly enough.

    Read more

    Bobby Gill

See all reviews
Contact us

Quick Contact Form