Just got pulled over for NYS V & T Law 1225c2a. I was at intersection and answered phone, telling my son I can't talk.
7 attorney answers
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.
Cell phone ticket is now 5 points. You need to hire a local traffic attorney to appear or you.
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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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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.
In fact, just holding it in your hand is a violation even if not engaged in a conversation.
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.
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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.
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.
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