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

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?

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Attorney answers 4

Posted

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.

Posted

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

Posted

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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Posted

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