Cell Phone Tickets Attorney on Long Island

Defense Against Distracted Driving Charges in All of the Towns and Villages Within Suffolk and Nassau Counties

New York State enforces some of the nation’s strictest distracted driving laws, making cell phone tickets a significant source of stress for drivers in the Long Island area. These high-point violations threaten both your license and your insurance rates, creating financial pressure that extends far beyond the initial fine. Understanding the specific statutes and your rights in court is critical when facing these charges.

At All County Traffic Defense Group, we recognize the challenges drivers face in these situations. Led by Zan Sheikh, our firm takes a relatable, educational approach to traffic defense, helping you understand what you’re up against and how to respond. For clients who speak Urdu, Hindi, or Punjabi, we offer the added benefit of discussing violation details in your native language. 

Our goal is to provide a straightforward defense strategy focused on the facts of your case, not intimidation or judgment. Schedule a free case consultation with a cell phone tickets attorney in New York City, Long Island, Rockland County, and Westchester County today by calling All County Traffic Defense Group at (516) 440-2348 or contacting us online.

The Presumption of Use: How Holding a Device Can Lead to a Ticket

New York Vehicle and Traffic Law separates two main electronic device offenses: VTL 1225-c (Use of Mobile Telephone) and VTL 1225-d (Use of Portable Electronic Devices). While often grouped under “distracted driving,” each violation has distinct elements. VTL 1225-c generally involves making or receiving a call, while VTL 1225-d covers broader actions such as texting, browsing, or even simply holding a device.

A key feature of VTL 1225-d is the “presumption of use.” If a driver is observed conspicuously holding a portable electronic device, the law presumes they are using it. This shifts the burden of proof, making it critical to challenge the officer’s observations effectively. Understanding this distinction is essential for building a strong defense.

The term “portable electronic device” is broadly defined to include smartphones, tablets, and GPS units. However, exceptions apply for devices mounted or affixed to the vehicle. Determining whether a device was handheld or secured can play a significant role in defending against these charges.

The Real Cost of Cell Phone Tickets: Points, Fines, & More

Cell phone and portable electronic device violations are 5-point offenses in New York State, a serious penalty, since accumulating 11 points results in license suspension. For drivers with probationary licenses, a single conviction for a cell phone violation results in a mandatory 60-day suspension, regardless of the total number of points.

Beyond points, fines and surcharges for these violations are substantial. Convictions often trigger the Driver Responsibility Assessment (DRA) fee once total record points reach six. This means that even one cell phone ticket, combined with another minor violation, can result in hundreds of dollars in additional DMV fees. Insurance carriers also view distracted driving convictions as indicators of high-risk behavior, which often results in steep premium increases that can last for years. The long-term financial impact of a guilty plea can far exceed the initial fine.

To address these consequences, we review the details of your ticket and driving record to identify opportunities for reducing points and minimizing financial impact through strategic defense and negotiation.