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Using Electronic Device while Driving with International License

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Neuro

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

New York

Hello,

My fiancé has an international drivers license from Colombia. Last week, she received a ticket in New York (Long Island) for using an electronic device while driving.

She received a Skype call from her mother and picked up the phone to ignore call. She didn't answer it.

The police officer saw her pick up the phone and pulled her over. She panicked a bit and instead of telling the officer that she had declined a Skype call, she told him she was using gps because she was lost. Apparently, she thought that would sound better. Anyhow, the officer gave her a ticket.

I have a few questions. Does she have a reasonable chance for beating this charge? I've read that activating/deactivating devices is legal. Also, how are points in New York handled with an international drivers license. She is not yet a resident and is here on a tourist visa. Having said that, I did add her as a driver on my auto insurance policy. Will her infraction get reported to my insurance co (Geico) and affect my rates?

How should we proceed?
 


Ohiogal

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

New York

Hello,

My fiancé has an international drivers license from Colombia. Last week, she received a ticket in New York (Long Island) for using an electronic device while driving.

She received a Skype call from her mother and picked up the phone to ignore call. She didn't answer it.

The police officer saw her pick up the phone and pulled her over. She panicked a bit and instead of telling the officer that she had declined a Skype call, she told him she was using gps because she was lost. Apparently, she thought that would sound better. Anyhow, the officer gave her a ticket.

I have a few questions. Does she have a reasonable chance for beating this charge? I've read that activating/deactivating devices is legal. Also, how are points in New York handled with an international drivers license. She is not yet a resident and is here on a tourist visa. Having said that, I did add her as a driver on my auto insurance policy. Will her infraction get reported to my insurance co (Geico) and affect my rates?

How should we proceed?
There are so many things wrong with your post. You need to get an attorney to handle the immigration issues. The infraction will be reported to her insurance. Points on her license? You will assume she is going to become a resident soon. Lying to the police is a crime in and of itself.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?

New York

Hello,

My fiancé has an international drivers license from Colombia. Last week, she received a ticket in New York (Long Island) for using an electronic device while driving.

She received a Skype call from her mother and picked up the phone to ignore call. She didn't answer it.

The police officer saw her pick up the phone and pulled her over. She panicked a bit and instead of telling the officer that she had declined a Skype call, she told him she was using gps because she was lost. Apparently, she thought that would sound better. Anyhow, the officer gave her a ticket.

I have a few questions. Does she have a reasonable chance for beating this charge? I've read that activating/deactivating devices is legal. Also, how are points in New York handled with an international drivers license. She is not yet a resident and is here on a tourist visa. Having said that, I did add her as a driver on my auto insurance policy. Will her infraction get reported to my insurance co (Geico) and affect my rates?

How should we proceed?
(For reference: http://safeny.ny.gov/phon-ndx.htm)


In other words, she admitted to using the device. She's not going to beat that charge.

Once convicted of the charge, her insurance rates may increase. So, while she's on your policy, the rates for your policy may go up. When is she returning home?
 

Neuro

Junior Member
Once convicted of the charge, her insurance rates may increase. So, while she's on your policy, the rates for your policy may go up. When is she returning home?
Her tourist visa is good until August but we're hoping to extend her stay once we're married and take care of all the required paperwork.
 

FlyingRon

Senior Member
So, in addition to disregarding the traffic laws, she's committing immigration fraud as well.

If she came here with the intent to marry you and remain, she could NOT do so on a tourist visa. She has lied and broken the law.
I hope you are NOW working with an immigration attorney. A B1 VISA is not what she should have used to come here.

She's also lucky she didn't get written up for driving without a license. Apparently, she could very well have been considered as needing a NY license.

The International Driving Permit means NOTHING on it's own. Any action is taken on basis of her home country's license that is referenced in the international permit. All the IDP provides is a way for the foreign country to recognize the home country license of the bearer.
 
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HighwayMan

Super Secret Senior Member
There is no such thing as an International Drivers License. If that's what she was using then it's a fraudulent document and she should have been arrested. If that is not what you were referring to then please use the correct terminology.

If she received a Skype call on her phone then there was NO need to pick it up to decline the call - she should have just ignored it. The New York statute is very clear - one cannot even VIEW an electronic device while operating a vehicle - it does not have to be manipulated.

Whether she was using it for Skype as you said or using a GPS app she is still in violation of the statute.
 

HighwayMan

Super Secret Senior Member
Also, how are points in New York handled with an international drivers license.
It doesn't matter what kind of license it is.

The first time a non-New York resident receives a traffic ticket the DMV creates a "license" record for that person - as if they had a New York license. Any points and accidents are associated with that driving record. When there are six points accumulated then a Driver Responsibility Assessment takes effect which is a DMV surcharge meant to punish bad driving habits. Once twelve points are accumulated then there is a suspension of driving privilege.

Once (and IF) this person obtains an actual New York license that record stays with them and is then associated with an actual license. One does not actually need a New York license to be subject to penalties and sanctions in this state.

Insurance companies deal with violations differently. Generally the points associated with a traffic infraction are for DMV purposes only - insurance companies have their own points systems for various infractions. The only way to know what your insurer does with electronic device infractions is to ask them.
 

HighwayMan

Super Secret Senior Member
Lying to the police is a crime in and of itself.
Unfortunately it isn't. The only time it is unlawful is when one provides false identity information when arrested and one is given a warning about the consequences of providing false information.

Obviously, filing a false report/making a false official statement is unlawful, but that doesn't apply here.
 

HighwayMan

Super Secret Senior Member
License - no. But there is an International Driving Permit.

http://www.aaa.com/vacation/idpf.html
I know that. I have run into my fair share of International Drivers LICENSES, which are bogus.

An IDP is simply a translation of the foreign license, and it is not required in New York in order to legally drive with a foreign license.
 

Zigner

Senior Member, Non-Attorney
I know that. I have run into my fair share of International Drivers LICENSES, which are bogus.

An IDP is simply a translation of the foreign license, and it is not required in New York in order to legally drive with a foreign license.
Yes - that's what FlyingRon's information posted above also stated. I suspect that our OP was using the phrases interchangeably without realizing the difference.
 

HighwayMan

Super Secret Senior Member
I suspect that our OP was using the phrases interchangeably without realizing the difference.
Yes, that is a common problem so I was looking for clarification, not that it's particularly relevant to the issue.
 

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