In Brooklyn, as in all of New York State, traffic laws are strictly enforced, and violations can lead to significant penalties. Among the most commonly issued tickets are those for using a cell phone while driving and various moving violations. Knowing how to Fight Cell Phone and Moving Violations in Brooklyn can help drivers protect their driving records and avoid unnecessary fines.
Understanding the Charges
Cell Phone Violations: New York law prohibits the use of handheld electronic devices while driving. This includes talking, texting, or using apps, even when the vehicle is temporarily stopped at a red light or in traffic. A first offense can result in a fine ranging from $50 to $200, with subsequent offenses within 18 months leading to higher fines and additional penalties. Importantly, each conviction adds five points to your driving record, and accumulating 11 points within 18 months can lead to a license suspension.
Moving Violations: These encompass a wide range of infractions, including speeding, running red lights, improper lane changes, and failure to yield. Penalties vary depending on the specific violation but often include fines, points on your license, and potential increases in insurance premiums.
Steps to Contest a Ticket
Review the Ticket Carefully: Ensure all information on the ticket is accurate, including your name, vehicle details, and the nature of the violation. Mistakes can sometimes lead to the dismissal of the case.
Decide How to Plead: You can plead guilty, not guilty, or not guilty with an explanation. Pleading not guilty means the case will proceed to a hearing where you can present your defense.
Prepare Your Defense: Gather evidence that supports your case. This may include:
For Cell Phone Violations: Phone records showing no usage at the time of the alleged offense, witness statements, or dashcam footage.
For Moving Violations: Traffic camera footage, GPS data, or witness testimony that contradicts the officer’s account.
Request a Hearing: In Brooklyn, hearings for traffic violations are typically held at the Traffic Violations Bureau (TVB). You can request a hearing online or by mail. Be sure to do this within the time frame specified on your ticket to avoid a default judgment.
Consider Legal Representation: While it’s possible to represent yourself, consulting with an attorney who specializes in traffic violations can increase your chances of a favorable outcome. They can help navigate the legal complexities and present a compelling case on your behalf.
Potential Defenses
Lack of Evidence: If the officer cannot provide clear evidence that you were using your cell phone or committing a moving violation, the case may be dismissed.
Necessity: In some cases, using a cell phone while driving may be justified if it was necessary to prevent harm or respond to an emergency.
Mistaken Identity: If you can prove that you were not the driver at the time of the alleged violation, the charges may be dropped.
Technical Deficiencies: Errors in the ticket, such as incorrect vehicle information or missing details, can sometimes lead to dismissal.
Consequences of Conviction
Convictions for cell phone and moving violations can have several repercussions:
Fines: Depending on the offense, fines can range from $50 to several hundred dollars.
Points on License: Accumulating points can lead to increased insurance premiums and, if 11 points are reached within 18 months, a license suspension.
Insurance Increases: Insurance companies may raise premiums for drivers with violations on their record.
License Suspension: Serious or repeated offenses can result in the suspension or revocation of your driving privileges.
Tips to Avoid Violations
Use Hands-Free Devices: If you need to make a call or send a message, use a hands-free device to stay compliant with the law.
Stay Alert: Always be aware of traffic signals, signs, and other road users to avoid moving violations.
Obey Speed Limits: Adhering to posted speed limits reduces the risk of speeding tickets and accidents.
Avoid Distractions: Minimize distractions in your vehicle to maintain full attention on driving.
Conclusion
While receiving a cell phone or moving violation ticket in Brooklyn can be stressful, it’s important to remember that you have the right to contest the charges. By understanding the legal process, preparing a strong defense, and seeking professional assistance if necessary, you can effectively challenge the ticket and protect your driving record. Always stay informed about traffic laws and drive responsibly to minimize the risk of violations.
New York Traffic Ticket Lawyers
50 Bridge St
Brooklyn, NY 11201
347-393-6630