Electronic Device Law
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Are you facing a ticket for using an electronic device in New York?
Our portable electronic device ticket defense lawyers are professional New York Traffic Court Defenders. All we do is represent drivers accused of traffic infractions, including NY VTL § 1225-D, using a portable electronic device while the vehicle is in motion. If you received such a ticket call us at Palumbo & Associates to speak to an experienced ticket defense attorney.
Ever since May 31, 2013 New York State has the toughest portable electronic device penalties in the nation. New York has increased the point accrual to 5 for a portable electronic device conviction, and a license can be suspended for successive convictions. The new portable electronic device penalties were enacted when statistics showed a 143% increase in portable electronic device and distracted driving related accidents from 2005 to 2011. Moreover, there were 25,165 distracted driving fatalities and personal injury accidents in 2011.
New York State is also very serious about enforcing the ban on portable electronic device use. The NYSP procured 30 unmarked SUV’s for a higher profile vehicle specifically to crack down on portable electronic device violators. Many local police departments have also ramped up their portable electronic device enforcement. The New York City Police have been specifically targeting portable electronic device enforcement. Many foot patrol officers enforce the ban to reach their moving violation goals. Queens County leads the way in portable electronic device enforcement, however the NYPD in all boroughs - Manhattan, Brooklyn, Staten Island and Bronx - have seen a huge increase in portable electronic device enforcement.
The prohibited conduct:
NY VTL § 1225D(1)(a) prohibits using a portable electronic device “While the vehicle is in motion.” This includes using your cell phone to send or read a text message or e-mail. It also includes using your phone or a free standing GPS to read or input data. Nor can a motorist use any two way messaging device, play any game, or use any other electronic device while the vehicle is in motion.
How our lawyers defend your NY cell phone ticket
We defend these tickets on the standard of proof. Under the law the state must show that a portable electronic device was held n a “conspicuous manner.” If that can be proven, the burden then shifts to the motorist to show that there was not a violation of the portable electronic device statute. See, NY VTL § 1225D(4). This means that we can defeat such a charge either by undermining the allegation that the portable electronic device was held in a conspicuous manner, that the vehicle was not moving, and / or that the portable electronic device was not being used in a prohibited fashion. Often records from the cell phone company prove that the portable electronic device was not in use at the time of the stop.
However, even if you believe that you are guilty it is still worth fighting. The state, and not you, has the burden of proof. This is no easy task with a portable electronic device charge. When you retain our law firm we will go to court for you so you do not have to deal with this matter. We either negotiate a plea bargain to a non-moving violation, lesser moving violation, or if that is not possible take your case to trial. In fact, our defense firm is so confident that we give a money back guarantee. Our defense attorneys also appear anywhere in the state of New York to fight your portable electronic device ticket and charges.
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