Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Getting a ticket for using your cell phone or texting while driving can be frustrating and expensive. However, with some preparation and knowledge of your rights, you may be able to fight and potentially beat these types of tickets in Brooklyn.
In New York State, it is illegal to use a handheld electronic device, like a cell phone, while driving unless it is in hands-free mode. This includes activities like talking, texting, taking photos, playing games, looking at social media, and more. Even just holding your phone while stopped at a red light or stop sign is prohibited.
The base fine for a cell phone use or texting ticket is $50 plus surcharges that typically add up to about $150 total. Getting multiple tickets can lead to higher fines and points on your license. Knowing the specifics of the law can help when contesting a ticket.
If you get pulled over and given a ticket for cell phone use or texting, it’s important to gather as much evidence from the incident as possible. Here are some tips:
To contest a cell phone or texting ticket in Brooklyn, you’ll need to plead “not guilty” and request a supporting deposition hearing. This is an informal meeting with the officer who issued the ticket.
There are a few strategies you can try to fight the ticket in court:
Since using a handheld device while driving is a “moving violation” in New York, the officer must directly observe the violation taking place in order to issue a ticket. If you weren’t actually using your phone, you may be able to successfully challenge the ticket on these grounds.
Potential questions for the officer:
Listen closely to the officer’s testimony and statements for any inconsistencies from what was said during the initial traffic stop. Point out these inconsistencies to weaken the officer’s credibility.
For example, if the officer says you were texting but your phone records show no texts at that time, this inconsistency could get the ticket dismissed.
The evidence you gathered like photos, witness statements, phone logs, etc. can demonstrate why you couldn’t have been violating the cell phone law.
If you have proof showing an alternative explanation for what the officer saw, it will bolster your case.
If the judge is not fully convinced to dismiss the ticket, try negotiating with the prosecutor to get the charges reduced or plead to a lesser offense like a parking violation. This will at least help minimize fines and avoid points on your license.
Traffic ticket laws can be complex, and going to court for a cell phone or texting violation has serious stakes. Working with a traffic ticket attorney can be very advantageous and is recommended in many cases.
Here are some of the key benefits of having legal representation:
When searching for a traffic ticket lawyer, look for ones based in Brooklyn who offer free case evaluations, flat-rate pricing, and a track record of getting cell phone and texting tickets dismissed. Getting legal assistance greatly improves your chances of successfully beating these violations.
While knowing your rights and defense strategies are useful once you receive a ticket, avoiding getting pulled over in the first place is ideal. Here are some tips:
Following the hands-free phone laws and driving attentively makes getting a ticket less likely while improving safety for everyone on the road. But if you do get an unjust cell phone or texting ticket, make sure to leverage all options – from gathering evidence to working with a lawyer – to effectively fight it.
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