Cell phone ticket in NY state

[Lyss]

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


On my way to work this morning, I was singing along with the radio, scratched my ear, and got a ticket for being on my cell phone.

Now, my boss had called me while I was pulled over, at 9:56 am. Which the cop heard, from my purse on the floor. My ticket has a time stamp of 10:07am.

Is this fightable?

 

[You Are Guilty]

Anything is "fightable". As to whether you have a shot of prevailing, I'd guess 50-50 at best. Bring your cell phone records (showing specific times of all calls) to the court date and practice crossing your fingers.

 

[davidmcbeth3]

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


On my way to work this morning, I was singing along with the radio, scratched my ear, and got a ticket for being on my cell phone.

Now, my boss had called me while I was pulled over, at 9:56 am. Which the cop heard, from my purse on the floor. My ticket has a time stamp of 10:07am.

Is this fightable?

If you boss called you after you were pulled over but before the cop got to your car ... then you likely will not win. Its just too questionable.

 

[Lyss]

No, the phone rang from the floor as the cop was talking to me.

 

[davidmcbeth3]

No, the phone rang from the floor as the cop was talking to me.

Well, if this was his basis of giving you the ticket them he should be admonished by the court. I would call the DA and have this dropped.

 

[You Are Guilty]

Well, if this was his basis of giving you the ticket them he should be admonished by the court. I would call the DA and have this dropped.

Why stop there? I would call the President and get a pardon.

Then I would call the Exhalted Grand High Poobah of the Necronius Galaxy, and have the cop vaporized by a particle beam.

 

[davidmcbeth3]

Why stop there? I would call the President and get a pardon.

Then I would call the Exhalted Grand High Poobah of the Necronius Galaxy, and have the cop vaporized by a particle beam.

A DA should not prosecute a case knowing that the facts do not support the claim. I know, its hard to expect attorneys to follow their ethical obligations.