by my ear. I was holding my phone in my hand, and when I turned the Wheel, the phone came up with the wheel. I was pulled over and given a ticket. Is it a crime to just hold the phone in my hand? Can I fight a ticket like this or best to just plead guilty and pay the fine?
It is not an issue of a crime but a violation. The new policy in Brooklyn is hands free. The phone cannot be in your hand. I still suggest fighting it because it is the Officer who has to prove his case.
Sounds like a wrongful ticket to me that we can beat.
Criminal Defense Attorney
I recall the law as amended is that merely holding it in one's hand creates at least a presumption that it was being used illegally.
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