How can you defend against a cellphone ticket?

On Behalf of | Jun 15, 2021 | Texting and Driving

New York police make a considerable effort to catch people they believe are on their phones while driving. The penalties for cellphone use behind the wheel are tough, so it is crucial to investigate all avenues of defense if charged.

One way is to seek video footage to show you were not using your phone while driving or that you were stopped at the time. If you have a dashcam installed in your car, this could help you clear your name. Alternatively, you may need to seek recording elsewhere. Remember that there are surveillance cameras on most streets.

Another option is to seek phone use records from your network provider. If the records show there were no texts or calls at the time of the alleged offense, it might help clear you of the charge.

There are certain rare occasions where phone use is allowed while driving

Communicating with specific people in an emergency situation might also count to excuse you from the charge. For instance, you were talking to the emergency services to find the nearest hospital as your child was having a severe anaphylactic reaction to something they had eaten. If you are a member of the emergency services and on duty at the time, it might also get you off the hook.

One defense you may not have considered is that the police charged you with the wrong offense. There are different tickets for cellphone use and the use of an electronic device. If the police officer got confused, you might be able to overturn the charge. Fighting a ticket to do with using a cellphone while driving is rarely straightforward and will require a thorough understanding of the relevant laws and defense options available.