New York State VTL § 1225-d(1) “Operate Moving Motor Vehicle While Using Portable Electronic Device”

New York Cell Phone Ticket

One of the more serious traffic tickets one can receive in New York is for using a cell phone while driving. A conviction of Vehicle & Traffic Law VTL § 1225-d(1) will put five points on your New York driving record and cause substantial increases in your insurance premiums. New York police officers grant little leeway for such violations. If you were speeding, they may let it go, but not if you were using a cell phone. The statute encompasses many types of activities and many types of devices. If you were just changing your music, it is a violation. If you were just using the GPS, it is a violation.

Making matters worse, the statue provides for a presumption that you were using the electronic device if you were holding it. Meaning the officer only has to see and establish in court that you were holding the phone. For all other traffic violations, the ticketing officer has to prove all the elements of the violation. The exception to this rule is for cell phone tickets. If you were holding the electronic device, the burden is shifted to the defendant to prove that they were not using the device.

Statute of § 1225-d

The relevant statute is long and detailed and the full text can be found here. The essential portions thereof provide:

§ 1225-d. Use of portable electronic devices.

1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using any portable electronic device on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a portable electronic device on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.

2. For the purposes of this section, the following terms shall have the following meanings:

• (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, or any other electronic device when used to input, write, send, receive, or read text for present or future communication.
• (b) "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data.
• (c) "Commercial motor vehicle" shall have the same meaning as such term is defined by subdivision four-a of section two of the transportation law.

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3. Subdivision one of this section shall not apply to (a) the use of a portable electronic device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital; a physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter.

4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle or while operating a commercial motor vehicle on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays but not including when such commercial motor vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer is presumed to be using such device, except that a person operating a commercial motor vehicle while using a portable electronic device when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer shall not be 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.

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6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollars.

Fighting a New York Cell Phone Ticket

If you were not using a cell phone, then you should definitely fight the ticket. But even if you were clearly using a cell phone, you should look into disrupting the charges. Such tickets are won and lost not so much by arguing about what happened, but by technical, legal, and procedural tactics. A New York attorney can go to court in your place and is in the best position to obtain the most optimal result. For more detailed information, you can contact the Benjamin Goldman Law Office PC.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We have been fighting cell phone tickets for more than fifteen years. Our firm has vast experience handling VTL 1225(d)1 tickets. Many of our clients have been able to get their cell phone tickets dismissed or reduced to parking tickets. The Benjamin Goldman Law Office handles traffic tickets in all parts of New York State. We take on cases in North Country, Mohawk Valley, Finger Lakes, Western New York, Southern Tier, Central New York, Catskill Mountains, Capital District, Hudson Valley, New York City, and Long Island. Our firm fights hard for each client and each case. This is attested by the many five star reviews we received. The Benjamin Goldman Law Office will be glad to take on your VTL 1225d1 ticket and we provide all motorists with free consultations. Our team can be reached by phone call, text message, or email. Get in touch with us at your convenience.

Fight a VTL § 1225-d1 Ticket