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

Asked about 1 year ago - 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. Eric Edward Rothstein

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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.

  4. Matthew Scott Kam Tannenbaum

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . 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... more
  5. Yefim Rubinov

    Contributor Level 17

    7

    Lawyers agree

    Answered . 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.

  6. Michael J Palumbo

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . 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.

  7. Michael R Crosner

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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 .... more

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