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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

Posted

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 www.mynewyorkcitylawyer.com.

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4 comments

Anthony Michael Solis

Anthony Michael Solis

Posted

Agreed. Talking about not talking=talking.

Michael J Palumbo

Michael J Palumbo

Posted

Not if the phone was not in motion and one is allowed to pick up the phone to press a button to activate a call and use the speaker phone.

Anthony Michael Solis

Anthony Michael Solis

Posted

Ooh, I like that--see, this is why people should consult with lawyers. But I suspect she never would have gotten cited if she merely pressed a button and a cop didn't see her pick up ht phone and put it to her ear.

Jayson Lutzky

Jayson Lutzky

Posted

i think that it needs to be hands free.

Posted

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.

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2 comments

Terri Beth Kalker

Terri Beth Kalker

Posted

In fact, just holding it in your hand is a violation even if not engaged in a conversation.

Jayson Lutzky

Jayson Lutzky

Posted

agreed, the operative term is hands free.

Posted

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.

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Posted

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.

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1 comment

Michael J Palumbo

Michael J Palumbo

Posted

There are a lot of defenses depending on the facts and circumstances.

Posted

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.

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Posted

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.

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Posted

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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