New York City Cellphone Ticket Defense Lawyer
Relentlessly Fighting for Our Clients
Getting a ticket for using a cellphone or electronic device while driving can happen in an instant. Yet the consequences can have a lasting impact on your driving record and insurance rates. It’s even worse if you’re someone who operates a taxi, Uber, or Lyft for a living. Then, a ticket can impact your livelihood.
Traffic Court Pro PLLC understands that sometimes there are reasons for a violation and that the system isn’t always perfect. With over a decade of experience, our New York City cellphone ticket defense lawyer listens to clients, seeks to understand what happened in their situation, and then works diligently to craft a strong legal defense.
Call (516) 289-9804 or contact us online today to schedule a free consultation.
Possible Defense Strategies Against Cellphone Tickets
Defendants have more options than many people realize. Before simply pleading guilty and accepting the ticket, let our office explore any of these viable defense strategies:
- Lack of sufficient evidence: One key defense against a cellphone ticket is to question the sufficiency and accuracy of the evidence presented by the officer. By scrutinizing the validity of the evidence, we may be able to create doubt about the alleged violation.
- Emergency use: A compelling defense strategy is to demonstrate that cellphone use was necessary. By providing concrete evidence of the emergency situation, such as call logs or witness testimony, we can argue that cellphone use was justified under the circumstances.
- Technical malfunctions: The argument that any device use was due to a technical issue beyond your control can help in disputing a cellphone ticket. It’s possible that the violation was unintentional.
- Improper procedure: If proper protocols were not followed or your rights were violated during the stop, our legal team can use this information to strengthen your case and potentially have the ticket dismissed.
The Impact of Cellphone Tickets
If the ticket stands up, the negative consequence include:
- Increased insurance rates
- License points
- Potential license suspension
Please be aware that ignoring the ticket, while tempting, is a very bad idea. Ignoring the ticket could lead to a warrant for your arrest, further legal complications, and the potential worsening of all the consequences noted above. It’s better to take a proactive approach to dealing with the citation. That’s where our New York City cellphone ticket lawyer comes in.
Your TVB Hearing
New York City has a unique way of adjudicating traffic tickets. We go through the Traffic Violations Bureau (TVB), a division of the Department of Motor Vehicles. A TVB administrator stands in the role of judge and makes the verdict on your ticket.
The TVB process has more than surface differences with other courts. There are substantive distinctions in procedure, and it’s important to work with an attorney who understands that. Traffic Court Pro PLLC is focused exclusively on traffic tickets precisely so we can give our clients the kind of detail-oriented counsel it takes to win.
One of the most important things to understand about TVB is that there is no room for negotiation. Unlike a criminal court, where the District Attorney may offer a lesser charge in exchange for a guilty plea, there are no deals allowed under TVB rules. This means it’s winner-take-all. Either we win your case, or the consequences of the ticket stand in full.
The standard of proof is also different in a TVB hearing. While a criminal trial obligates the prosecution to prove their case “beyond a reasonable doubt,” TVB has a lower threshold. If the administrator deems that the state has made a “clear and convincing” case for your guilt, then the ticket will stand. What does that mean? It means the level of certainty the prosecution must provide drops from around 95 percent to 70 percent at the TVB.
There are also different rules regarding what evidence can be brought into the hearing. The standard for what constitutes admissible evidence is lower at the TVB than in criminal court. As a law office with deep experience in this process, we understand how to leverage those rules to your advantage.
Traffic Court Pro PLLC is well-connected, and we know police officers and judges across all five boroughs in New York City. No lawyer can ever promise an outcome to a client, but you can have peace of mind that we’ll talk to everyone we can, work diligently, and make your case passionately.
Call Traffic Court Pro PLLC at (516) 289-9804 today.
