In Brooklyn, NY ticket for Violation 1225C2A, Cellphone Improper Use of, I was not talking or texting, did not have the phone

Asked about 1 year ago - Brooklyn, NY

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?

Attorney answers (4)

  1. Terri Beth Kalker

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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.

  2. Michael J Palumbo

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Sounds like a wrongful ticket to me that we can beat.

  3. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  4. Yefim Rubinov

    Contributor Level 17

    1

    Lawyer agrees

    Answered . This is a beatable ticket. I suggest that you fight it. Although the law clearly says that the operator cannot hold a portable device in his hands, but with proper cross examination this ticket may be dismissed

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,047 answers this week

3,025 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,047 answers this week

3,025 attorneys answering