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Cell Phone Ticket using HF Car Bluetooth

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TCable

Junior Member
What is the name of your state (only U.S. law)? New York

I need a little help here from anyone who has experience with NYC cell phone tickets.

This morning I received a call while driving my vehicle. My car is setup so that every time I enter the vehicle my phone connects to the bluetooth hands free device. I answered the call with my steering wheel and maybe a minute after, I was summoned to pull over. The cop asked for my license, registration and proof of insurance and told me I was being pulled over because he witnessed me holding my cell phone to my right ear with my right hand. All of this was said to me while I was still on the call I received, the woman was still speaking to me through the speakers of my vehicle. I even motioned to the navigation screen that stated a call was in progress. He still gave me a summons to appear in court.

1. My phone was never in my hand.
2. It was attached to a charger in the middle console that doesn't allow it to reach my ear.
3. My call was in progress and was showing on the navigation screen, the person on the other end of the phone was still talking through the speakers after I was pulled over.

My question is, do I have a chance with fighting this in the NY traffic court? I've never had a moving violation since I've been licensed so I'm not sure how this works. The phone was never in my hand.
 


You Are Guilty

Senior Member
Where is the ticket returnable? Court or the Traffic Violations Bureau?

(Odds are you're going to get shafted on this either way, but the chances are better for you to contest in court).
 

davew128

Senior Member
I for one would be curious to see the outcome. Not because I am in NY but because I also have onscreen bluetooth. If the facts posted are accurate, this is an outrageous ticket.
 

TCable

Junior Member
Where is the ticket returnable? Court or the Traffic Violations Bureau?

(Odds are you're going to get shafted on this either way, but the chances are better for you to contest in court).
Traffic Violations Bureau.

He asked 0 questions before taking my license, registration and proof of insurance to his vehicle and drawing up the ticket.
 

HighwayMan

Super Secret Senior Member
What section are you actually charged with violating?

As described this was not a legit summons. Not sure what the officer thought he saw.
 

You Are Guilty

Senior Member
Best I can offer is to bring your car's owner's manual and window sticker showing the built-in bluetooth and explain your story the same way you have here. Being the TVB, it's probably a 50-50 shot, but it does sound like a completely bogus ticket.
 

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