Rockland County Texting & Driving Defense Lawyer
People use their cellphones in the car for various reasons, such as GPS, playing music and calling loved ones. These functions are very common components of people’s driving routines, but you may be punished with heavy fines and potential loss of your driving privilege if caught doing so. Most states in the US enforce strict texting while driving laws to enhance the safety of drivers, but those rules apply only to certain cellphone functions.
New York prohibits the following “portable electronic device” activities while driving:
- talking on a handheld mobile telephone
- composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages or webpages
- viewing, taking, or transmitting images
- playing games
Penalties for Texting While Driving in New York
For violations committed on or after November 1, 2014, you may be punished as such:
First offense: $50 to $200 fine
Second offense: $50 to $250 fine
Third offense: $50 to $400 fine
If you use a cellphone while driving, you can receive a traffic ticket and be subject to a fine and a surcharge. The surcharge for all violations can be up to $93. Exceptions to this law include:
- Calling 911
- Contacting medical, fire or police personnel about an emergency
Points may also be added to your DMV driving record, which could not only increase your insurance rate, but result in a driver’s license suspension if you receive 11 points within 18 months.
Defenses to Texting While Driving
Considering the various uses of a cellphone, I am confident in my ability to validate your legal cellphone use, or lack thereof. It’s quite easy for an officer to get confused between cellphone use and simply looking down at your steering wheel or something of that nature.
Given my former prosecutorial experience, I know that the other side of the courtroom may obtain your cellphone records, security camera footage and gather witnesses in an attempt to prove you guilty of texting while driving. But since I know how the prosecution thinks and operates, I can prepare defense strategies ahead of time to increase your likelihood of overcoming your accusation.
I will fight for your liberties by working to resolve your texting while driving charge. I may utilize the following defenses to support your case:
- Lack of probable cause
- Emergency cellphone use
- Miranda violation
Learn How I Can Defend Your Texting While Driving Charge. Call (845) 638-9200 Now!
I have over 25 years of experience defending traffic violation charges, and am equipped with the insight, knowledge and vigor needed to help you navigate this inconvenient time. When you request your free consultation, I will listen carefully to your account of the alleged incident and walk you through your options thoroughly. My goal is to help you work toward reducing your texting while driving fines or getting them dismissed them altogether.
I look forward to advocating on your behalf. Call (845) 638-9200 or schedule your case review online.