NYC cell phone + driving

[onetime]

What is the name of your state? Queens, New York
Infraction: talking on cell phone while driving

subject: Am I not guilty? What would be the process for proving my innocence?

I was driving while talking on my cell phone in queens new york. I admitted my guilt and ignorance of the law. I was given a ticket.

I am a resident in internal medicine and was talking to another resident in internal medicine (I called her Cell Phone) at the time of the violation. Pursuant to New York Law VAT: Article 33, § 1225-c: " 3. Subdivision two of this section shall not apply to (a) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic."

Therefore my primary question is: am I not guilty? And how do I go about showing this? What proof is required on my part (ie. I am a doctor, I was tallking to another doctor)?

Secondary questions include:
1) the officer listed my middle name as my first name on the ticket- is this a problem?
2) Is the process for pleading Not Guilty a long process which requires much time and energy? If I submit a not guilty plea notice (on the back of the ticket), do I write a letter explaining my situation as well?

Thank you.

[You Are Guilty]

Originally Posted by onetime

What is the name of your state? Queens, New York
Infraction: talking on cell phone while driving

subject: Am I not guilty? What would be the process for proving my innocence?

I was driving while talking on my cell phone in queens new york. I admitted my guilt and ignorance of the law. I was given a ticket.

I am a resident in internal medicine and was talking to another resident in internal medicine (I called her Cell Phone) at the time of the violation. Pursuant to New York Law VAT: Article 33, § 1225-c: " 3. Subdivision two of this section shall not apply to (a) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic."

Therefore my primary question is: am I not guilty? And how do I go about showing this? What proof is required on my part (ie. I am a doctor, I was tallking to another doctor)?

Interesting. Arguably, at the minimum, you'd need to prove you were engaged in the call to respond to an "emergency situation". While in theory, your own sworn testimony about that fact should suffice, in traffic law, it never hurts to have 2x the proof you might otherwise need. Perhaps a signed and notarized affidavit from the other physician? Be creative.

Secondary questions include:
1) the officer listed my middle name as my first name on the ticket- is this a problem?

Afraid not. Your name is not an element of the offense.

2) Is the process for pleading Not Guilty a long process which requires much time and energy? If I submit a not guilty plea notice (on the back of the ticket), do I write a letter explaining my situation as well?

"It depends." One issue is where you received the ticket, or more specifically, where you need to appear to contest it. If its the Whitestone location, it's fairly quick and you usually won't spend a whole day there. (Jamaica on the other hand...)

If you plead not guilty, you need to comply with the instructions on the back of the citation. If it's the standard yellow combo parking/moving violation one, I don't think it requires you to send in your evidence with your plea, (you'd get a date to appear/submit it), but double check it as NYS has changed its ticket format recently and my last ones were before the switch.

Thank you.

Welcome.

[onetime]

Dear Sir/Madam:

Thank you for your timely reply. In my further research of the topic and weighing the risks, benefits, and alternatives: I now plan on pleading guilty and paying the $90 fine. Reviewing the NYS DMV policies, this infraction does not result in accumulation of driver points (which could have been transferred to my home state)

[url]http://www.nysdmv.com/dmvfaqs.htm#cell[/url]

Best,
"Onetime"

[AlanShore]

Originally Posted by onetime

Thank you for your timely reply. In my further research of the topic and weighing the risks, benefits, and alternatives: I now plan on pleading guilty and paying the $90 fine. Reviewing the NYS DMV policies, this infraction does not result in accumulation of driver points (which could have been transferred to my home state)

Smart. I was going to tell you it was not worth the time or effort you would have spent trying to fight it.

[baystategirl]

Originally Posted by onetime

Dear Sir/Madam:

Thank you for your timely reply. In my further research of the topic and weighing the risks, benefits, and alternatives: I now plan on pleading guilty and paying the $90 fine. Reviewing the NYS DMV policies, this infraction does not result in accumulation of driver points (which could have been transferred to my home state)

[url]http://www.nysdmv.com/dmvfaqs.htm#cell[/url]

Best,
"Onetime"

Wow! I have officially now seen everything!!

[onetime]

Originally Posted by baystategirl

Wow! I have officially now seen everything!!

I am glad to be of assistance!

[You Are Guilty]

I'm a sucker for happy endings.

[onetime]

Originally Posted by You Are Guilty

I'm a sucker for happy endings.

I would have anticipated y'all to have encouraged me to fight it?!

[AlanShore]

Originally Posted by onetime

I would have anticipated y'all to have encouraged me to fight it?!

Unlike a few other members on this forum, the smart ones won't tell you to fight a ticket you can't win or when its not worth the fight. Here its not worth the fight.

[You Are Guilty]

Originally Posted by onetime

I would have anticipated y'all to have encouraged me to fight it?!

Can you fight it? Sure. I spelled out the minimum you'd need in my earlier response.

Would you definately win if you did fight it? Not even remotely. I'd say if you had a sympathetic ALJ, maybe, at best, you'd have a 50-50 shot. (And if you had an ALJ that hated doctors, make that a 10% shot )

Is your time worth more than $15/hour? (Approx. 6 hours preparing for, and attending hearing to contest ticket vs. $90 fine). Only you can answer that one. Myself, I stopped fighting most of my tickets once I started to earn more money spending the time working than I would contesting. (Now, I only do it when I have a moral problem with them and I'm in the courthouse next door on a paying case, lol).