You have just been pulled over by a police officer. You have no idea why. Do not engage the officer in conversation. Do not act angry or surprised. An officer will usually assume that you know the New York Traffic Violation you have committed. Getting visibly upset may only worsen the situation.
The officer hands you a ticket for Improper use of a Portable Electronic Device (texting). According to VTL 1225d no person shall operate a motor vehicle while using any portable electronic device while such device is in motion. You are shocked and outraged. You were stopped at a red light, so you thought it was okay to touch your phone while the car was stopped. That would be your first mistake. Whether the car is at a complete stop or in motion you are not to touch any electronic devices, especially a cell phone to text. Texting is one of the main causes of car crashes. According to the National Highway Safety Administration operating a motor vehicle while using an electronic device will increase your chances of being in a motor vehicle crash by twenty-three percent, as compared to those drivers who are not. The safest time to use a cell phone would be when the car is off the road and the keys are out of the ignition. In the state of New York you can be pulled over and issued a summons for doing any of the following:
-Talking on a handheld mobile telephone
-Composing, sending, reading, accessing, browsing, transmitting, saving or retrieving electronic data such as email, text messages or web pages
-Viewing, taking or transmitting images ( picture and/or video)
-Playing games on your cell phone
If you find yourself in a situation where you have been pulled over for using an electronic device remember the less you say, the better. Give the officer the documents that have been requested. If you argue the officer will record that in his notebook. His memory of the case will be enhanced when it is heard in court. The line “anything you say can and will be used against you in a court of law” is more than just a saying, it is the truth. The officer may try extra hard to obtain a conviction. If convicted you could lose your driving privileges and there may be an increase in your insurance premiums.
Always stay cool and calm and most importantly give an experienced New York Traffic Ticket Attorney a call immediately. If you receive a summons, contact us at 212-227-9008 or via email at firstname.lastname@example.org. I have been fighting summonses in New York for over 28 years and I can fight for you!
Photo: The Globe and Mail