Question about how to handle ticket

[isis297]

What is the name of your state (only U.S. law)? NY

I am always a rule follower, but this one time because I panicked I messed up and now am scared to death I'm going to get points because of it. My house had been hit with a stomach bug - 2 out of 4 children quite sick - and my mom who lives with us that I take care of was sick and having other health issues with pain and her heart along with it. I had ran out to grab some survival things for my husband and me to keep taking care of everyone, but I took his car because mine wasn't working. I keep my earpiece in my car though and forgot to grab it when I left.

On the way home, he called to see where I was. When I saw him come up on caller ID, I panicked when I realized I didn't have my ear piece and answered "what's wrong?" I didn't know if I needed to turn around because now there was something else we needed to get through or if I needed to be aware that they were waiting for the paramedics to get there for my mom as that had been touch and go all morning.

It was quickly established I just needed to get home and I hung up. That quickly I got popped and got a ticket for operating a mobile device. While I understand I did, I am a basket case because I don't want to get 5 points or whatever it is for panicking and taking an urgent phone call for less than a minute. I can't afford to have my insurance go up as becoming responsible for my mom has greatly affected us financially. I can't work because I need to take care of her.

I don't even know how to fill out the ticket to drop it off. If I put Guilty with explanation, they will assign a fee and DMV will determine points. If I put Not Guilty, that's not true because it isn't like the officer said I used the phone and I didn't at all.

How do I handle this?

 

[sandyclaus]

What is the name of your state (only U.S. law)? NY

I am always a rule follower, but this one time because I panicked I messed up and now am scared to death I'm going to get points because of it. My house had been hit with a stomach bug - 2 out of 4 children quite sick - and my mom who lives with us that I take care of was sick and having other health issues with pain and her heart along with it. I had ran out to grab some survival things for my husband and me to keep taking care of everyone, but I took his car because mine wasn't working. I keep my earpiece in my car though and forgot to grab it when I left.

On the way home, he called to see where I was. When I saw him come up on caller ID, I panicked when I realized I didn't have my ear piece and answered "what's wrong?" I didn't know if I needed to turn around because now there was something else we needed to get through or if I needed to be aware that they were waiting for the paramedics to get there for my mom as that had been touch and go all morning.

It was quickly established I just needed to get home and I hung up. That quickly I got popped and got a ticket for operating a mobile device. While I understand I did, I am a basket case because I don't want to get 5 points or whatever it is for panicking and taking an urgent phone call for less than a minute. I can't afford to have my insurance go up as becoming responsible for my mom has greatly affected us financially. I can't work because I need to take care of her.

I don't even know how to fill out the ticket to drop it off. If I put Guilty with explanation, they will assign a fee and DMV will determine points. If I put Not Guilty, that's not true because it isn't like the officer said I used the phone and I didn't at all.

How do I handle this?

So, why couldn't you have just pulled over to answer the phone? Statistics show that people who are having an emotional conversation on a cell phone while driving are more likely to be distracted and have/cause an accident anyway.

Sorry, your assumption that it was an emergency just highlights your obligation to have pulled over before taking that call. The distracted driving laws are put into place for a reason. Your own reason for violating the law isn't good enough to have it excused without penalty.

How should you handle it? Put on your big girl panties and own up to your legal responsibilities. Take the hit and be glad that you're just paying for a ticket, and not for a funeral, or for an accident you could have caused or been involved in.

If you can't afford the ticket, or the impact getting the ticket will have, then you need to re-think your finances and figure out a way NOT to be driving so as to avoid another incident.

 

[isis297]

Being without a car is not an option as keeping my mom alive literally means me taking her between 10 different doctors and then getting all their tests they require to keep her "stabilized".

I know that people get tickets reduced all the time. I was looking for advice on how this works since I have never dealt with this.

As for pulling over, there really wasn't any place for me to do so. Pulling over for him a bit farther down was a scary thing because I was in town on a 2 lane street with no shoulder. I basically went in the grass between 2 trees to stop for him.

 

[sandyclaus]

Being without a car is not an option as keeping my mom alive literally means me taking her between 10 different doctors and then getting all their tests they require to keep her "stabilized".

I know that people get tickets reduced all the time. I was looking for advice on how this works since I have never dealt with this.

As for pulling over, there really wasn't any place for me to do so. Pulling over for him a bit farther down was a scary thing because I was in town on a 2 lane street with no shoulder. I basically went in the grass between 2 trees to stop for him.

Still no excuse, sorry. There's nothing that says you couldn't have ignored that call and waited until you got somewhere safe to pull over, and then called him back. It's all about safety, and you driving distracted makes it dangerous for everyone else out on that road.

You could always try to fight it with an attorney, but you may end up spending just as much on the fees as you would in paying the ticket itself. If you're going to try to go it alone, your excuses won't be enough to get the case reduced or dismissed.

 

[Zigner]

You should consider the Point Insurance Removal Program. It can remove up to 4 points from your license.

http://www.dmv.ny.gov/broch/c32a.htm

 

[HighwayMan]

You should consider the Point Insurance Removal Program. It can remove up to 4 points from your license.

http://www.dmv.ny.gov/broch/c32a.htm

That's only for suspension purposes.

 

[HighwayMan]

How do I handle this?

Your argument that this was an emergency is ridiculous - what could YOU do for a family member if this was a life and death situation? Nothing. If someone was seriously ill an ambulance would be called.

Cell phone violations are three points which may or may not have any bearing on your insurance. Insurance companies have their OWN system of points so this infraction won't hurt you any more or less than if it had been two years ago when it was zero points. The DMV points only count for suspension purposes and for assessing additional fines in the form of the Driver Responsibility Assessment.

If you tell us what court this is I may be able to provide additional information.

 

[Sloop John D]

I know everyone is stressing the importance of just paying this one, and I'm no expert in NY law, but...

In California, fighting tickets is pretty easy and you have nothing to lose. We even get to fight tickets with a written declaration first, and then a completely new trial if you lose. If the police officer doesn't respond either time, it usually gets dismissed.


Is there any reason why you wouldn't want to just try to fight a ticket in NY?

 

[Zigner]

That's only for suspension purposes.

Thanks for the clarification.

 

[Zigner]

Your argument that this was an emergency is ridiculous - what could YOU do for a family member if this was a life and death situation? Nothing. If someone was seriously ill an ambulance would be called.

Cell phone violations are three points which may or may not have any bearing on your insurance. Insurance companies have their OWN system of points so this infraction won't hurt you any more or less than if it had been two years ago when it was zero points. The DMV points only count for suspension purposes and for assessing additional fines in the form of the Driver Responsibility Assessment.

If you tell us what court this is I may be able to provide additional information.

Aren't they 5 points?

ETA: As of 6/1/13 the points increased to 5 apparently.

 

[Zigner]

...I'm no expert in NY law, but...

You should have stopped there. CA law has nothing to do with NY law.

 

[Sloop John D]

You should have stopped there. CA law has nothing to do with NY law.

Obviously, which is why I said that...

So why wouldn't you want to fight this one? Is there any benefit to be gained from just paying the ticket?

 

[isis297]

There IS a reduction if you take a class:

How to Reduce Your Points and Your Insurance Premiums

If you take a DMV-approved accident prevention course, you can

reduce your driver violation point total by a maximum of four points, and
save 10 percent on your automobile liability and collision insurance premiums.

An accident prevention course cannot prevent a mandatory suspension or revocation.

An accident prevention course and point reduction do not affect a driver responsibility assessment.

You cannot use the course as a credit against future driver violation points.

The DMV computer system automatically applies the point reduction when your course completion is added to your record. Your record shows your convictions and the points they carry, and has a notation that you completed the course and that a reduction of up to 4 points has been applied. Your driver record does not show any summary or total that includes the subtraction of the points. The reduction is automatically applied within the DMV computer system.

For more information, read the DMV brochure, The Point and Insurance Reduction Program.


Thanks for everyone's opinions. If you guys get this riled up talking to someone who made one mistake that lasted all of a minute, I can only imagine what you would do to the people I see around here who break the same laws ALL the time whether it's holding conversations on their cells while driving, turning at no left turn signs, etc.

 

[HighwayMan]

There IS a reduction if you take a class...

Again, that is ONLY for suspension purposes. The points/convictions still remain on your record for a judge to see when determining a sentence and they still remain in place for the purposes of determining what, if any, Driver Responsibility Assessment applies.

 

[HighwayMan]

ETA: As of 6/1/13 the points increased to 5 apparently.

Well, well... they snuck that one past me. I hadn't heard anything about that but just checked with the DMV and cell phone and portable electronic device infractions now carry five (5) points - same as reckless driving. Someone must have figured out that a lot of drivers ignore this law and decided to get tough.

Thanks for pointing that out - good to know!