Stewart A. McMillan, Esq.

Using a Cell Phone While Driving

In the last few years, the penalties and ramifications for distracted driving, including driving while talking on a cell phone, have increased 500 percent.

Our New York and Connecticut traffic ticket lawyers will explain to you that the increased focus on cell phone use while driving began with programs like Mayor De Blasio’s Vision Zero Initiative and the “It Can Wait” campaign.

The result is that a conviction for use of a cell phone (which was recently a zero-point offense) will now result in five points on your Driving Record.

Our New York and Connecticut traffic ticket lawyers will counsel you that the effect on your insurance rates may be even more pronounced.

One conviction for cell phone use, coupled with other “minor” infractions, could result in steep increases in your insurance rates – or even the loss of your driver’s license.

Our Manhattan, White Plains and Stamford traffic ticket lawyers always hear the same thing from

clients issued a ticket for use of a cell phone while driving. Most clients believe the charges should be dismissed, because they weren’t holding the cell phone near their ear while talking. Unfortunately, the officer only needs to observe you holding the device in your hand in order to establish your guilt for this offense.

Many of our clients bring their cell phone bills into our offices. Unfortunately, the fact that your cell phone bill shows that you weren’t making a call or sending a text doesn’t establish your innocense either. Our Manhattan, Stamford and White Plains traffic ticket lawyers counsel our clients that many uses of a cell do not show up on a cell phone bill (i.e. like using the phone for GPS while driving).

Fortunately, there are defenses to a police officer’s claim that he witnessed you driving while talking on your cell phone.

The defenses to a cell phone ticket include: that you were calling 911 (or another emergency #), how far the police officer was from you, when he observed you, what the weather was like, where the cell phone was positioned, and of course, whether the police officer accurately recalled the date and time of the offense, the make and model of your vehicle, and your appearance.

Whatever the circumstances of your ticket, if you’ve been charged with use of a cell phone while driving, do not hesitate to contact our Manhattan, Stamford or White Plains traffic ticket attorneys immediately.

The call is absolutely free, and our attorneys are standing by 24/7 to answer any and all questions you may have.

Free Initial Consultation
Contact Us