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Just got pulled over for NYS V & T Law 1225c2a. I was at intersection and answered phone, telling my son I can't talk.

Ilion, NY |

The phone record will verify that I was on it less than a minute. I have a clean driving record and plan on pleading the charge down with the DA. What are my chances of not receiving 3 points on my license? Thank you

Attorney Answers 7

  1. Consult with a local lawyer. Violating a law just for a little time is still a violation. The law does not specify how long you talk, just talk.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

  2. He needs an attorney to review the options. Not sure it matters what the content of the call is. it's still a call. Telling someone you can't talk to them is actually talking them. Sounds odd, but true. Contact an attorney who practices in the court you're going to --they can tell you want can and can be done and what's often or normally done in your situation.

  3. That is not a defense. Using the phone at all while the car is in motion violates the statute. I suggest you retain a local criminal or traffic court lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  4. You have no defense and you are facing 5 points ( recent law making it a five point violation). Hire a lawyer to fight or negotiate the ticket.

  5. Your chances of not receiving 3 points on your license are 100%, because a cell phone charge is now 5 points. You need to retain counsel ASAP, because it sounds like you were not in violation of the law.

  6. Cell phone ticket is now 5 points. You need to hire a local traffic attorney to appear or you.

    When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed in NY. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

  7. Not a Defense - However, you should consult a local Traffic Ticket Lawyer - usually inexpensive & might be able to assist since the attorney will know the local judges, & court guidelines & procedures. Most attorneys will provide a free initial consultation. You can locate a local attorney right here on avvo under the tab "Find a Lawyer"

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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