banner2
 Home   Hassle Free Representation   Our Lawyers   Money Back Guarantee   Testimonials   Tale of 2 Motorists   How to fight a NY Speeding Ticket   How To Find Best NY Traffic Lawyers   Speeding Ticket Defense Unit   Moving Violations Defense Unit   NYS Fines and Surcharges   Additional DMV Fines   Notable Counties in NYS   Notable Courts in NYS   New York City Tickets   VTL  1174 Passing a Stopped School Bus   NYS Move Over Law   NYS Cell Phone Law   Anatomy of a  Cell Phone Trial   Cell Phone Tickets - Violations   NYS Texting Law   Aggravated Unlicensed Operation   Get Back On the Road   White Plains Traffic Tickets   Best White Plains Traffic Ticket Defense   White Plains Ticket Don't Plead Guilty   Yonkers NY Traffic Tickets  DWI - DUI   Truck Tickets   CDL License Penalties   DMV Traffic Points   Auto Insurance Points   NYS DMV Point & Ins. Reduction Program   Trespassing & Burglary   Disorderly Conduct & Harassment   Marijuana Charges   Where We Can Represent You   Don't Call Us Specialists  ;)   Attorney's Blog   Contact Us

facebook Join us on Facebook       Find us on Google+      LinkedIn          twitter_button    More NY Courts Info   NYC Traffic Court Info
Connecticut  Massachusetts  New Jersey  Ohio  Rhode Island  Vermont

CALL: 1-877-99-NoTix  (1-877-996-6849)     Email: info@attackthatticket.com    

NY

NEW!
from AttackThatTicket.com

Download NoTix
the new traffic tool
and GPS tracker
“Your Virtual Attorney”
for Android devices
(iPhone version coming soon)

google_play_store

driving_class_sm

New York State Cell Phone Ticket Traffic Court Lawyer

Anatomy of a NY Cell Phone Ticket Trial

When you receive a NY cell phone ticket the first thing you ask yourself is “how can I defend this cell phone ticket,” and “who is the best New York cell phone ticket traffic court defense lawyers.”

Our attorneys and law firm only practices traffic ticket defense, cell phone ticket defense, as well as auto crime defense, in every traffic court in the State of New York. That makes our NY traffic ticket defense firm the best at what we do. We have hundreds of online client testimonials for you to review to see what clients say about us in their own words.

People v. Riexinger, 40 Misc.3d 623, 968 N.Y.S.2d 832, 2013 NY Slip Op 23196 (2013).

The trial occurred on the Town of Lockport, Niagara County on the 29th of May, 2013. The defendant was motorist Alyssa Riexinger, accused of cell phone use in violation of NY Vehicle & Traffic Law 1225-d. The lone witness for the state was one Trooper Timothy Waild, who had been a New York State Trooper since 1987. The honorable Justice G. Tilney presided.

The State’s Case

Trooper Timothy Waild testified that on the evening of March 14, 2013, while on routine patrol, he was parked at the corner of Transit and Robinson Roads in the Town of Lockport observing traffic. He further testified that he observed Ms. Riexinger drive her car past him holding a cell phone. Waild testified that during the stop he spoke with Ms. Riexinger and she advised him she was checking the time. Waild testified that he charged Ms. Riexinger with one count of Vehicle and Traffic Law 1225-d, and also identified Ms. Riexinger in the courtroom as the person using the cell phone.

The Defendant’s Case

Ms. Riexinger then took the stand on her own behalf. She testified that she was on a half-hour break from work and the vehicle’s clock was broken, so she checked her cell phone for the time. She was not texting or communicating on the cell phone.

Ms. Riexinger also submitted into evidence Exhibits, "A" and "B" proving demonstrably through documentary evidence that her cell phone had no activity either texting or phone calls for the date and time of the ticket. Although she had the cell phone in her hand, no communication was had.

The Statute& Law

Vehicle and Traffic Law 1225-d

(a) `Portable electronic device' shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.

4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle is presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section.

Position of the Parties

The People maintain the presumption under Vehicle and Traffic Law 1225-d (4) and defendant's own testimony shows she was using a portable electronic device while the car was moving. Defendant asserts that she was not using her phone within the meaning of the law.

Verdict – NOT GUILTY

The evidence adduced was that it was clear Ms. Riexinger was only checking the time on the phone. Had the allegation been that Ms. Riexinger was talking on the phone Trooper Waild would have charged defendant under Vehicle and Traffic Law 1225-c. Moreover Defendant's exhibit B, unchallenged by the People, shows no texting was going on at the time of observation by Trooper Waild or at the arrest of the defendant.

Vehicle and Traffic Law 1225-d applies not only to texting, but also to using a portable electronic device while driving for any other purpose, such as surfing the web or checking emails. Consequently, V & T Law 1225-d (2) (a) and (b) hold that a "portable electronic device" is any hand-held mobile telephone and "using" that device while "viewing ... images" is prohibited.

Inasmuch as Criminal statutes must be strictly construed, the prohibited action under Vehicle and Traffic Law 1225-d does not encompass using a cell phone as a clock or watch. The court finds the defendant's actions akin to taking a pocket watch out to view the time. Surely, the New York State Legislature did not intend to prohibit this kind of action when enacting Vehicle and Traffic Law 1225-d.

Accordingly, the court found the defendant “Not Guilty” and dismissed the charge.

Conclusion

If you have found yourself similarly charged with using a cell phone or electronic device while driving, we know that you may have questions or concerns. Don’t delay call us or message us right now. We talk to people about their cell phone tickets every day and we’d be happy to discuss your case with you.

 

driving_banner

Attorney Advertising
Prior results do not guarantee a similar outcome.

Attack That Ticket, NY Speeding Ticket Attorney,  as well as traffic ticket lawyers. As New York Traffic Ticket Lawyer they also handle DUI DWI. How to fight a NYC speeding ticket,  How to defend a DWI in New York State,  DUI defense New York State,  Representing VTL tickets in New York State,  Do you have a suspended license in New York State?  Aggravated Unlicensed Operation. How to defend a drunk driving charge in New York, Traffic Lawyers. Traffic Attorney handling New York City Traffic Tickets.  We are also criminal defense lawyers.

 

Attack That Ticket is brought to you by the Law Office of Palumbo & Associates, P.C. serving all of New York City and New York State, their principal office is located at 1600 Harrison Avenue, Suite 306, Mamaroneck, NY 10543

Site design and maintenance by Point Marketing Services 615-553-4409  pointman@pointmarketing.com