Texting and Driving Lawyer

Texting while driving is not only dangerous but also a serious traffic violation in New York, carrying steep fines, points on your license, and potential long-term consequences for your driving record and insurance rates. At The Law Office of Mindy Paget Brill, we understand how overwhelming it can be to face a texting and driving ticket. Our experienced attorneys are here to help you navigate the legal process, protect your rights, and work toward minimizing the impact of the violation on your life. Contact us today to schedule a consultation and let us advocate for you.

Texting and Driving Penalties

Texting while driving is a serious traffic violation in New York that can result in significant legal and financial consequences. Under New York State law, using a handheld electronic device while driving is strictly prohibited and can lead to:

Fines and Monetary Penalties

• First-time offenders face fines ranging from $50 to $200
• Subsequent offenses within 18 months can result in fines up to $250
• Additional court surcharges and fees can substantially increase the total cost

License Consequences

• 5 points added to your driving record for each texting while driving violation
• Drivers who accumulate 11 points within 18 months may have their license suspended
• Young and commercial drivers face even stricter penalties

Additional Legal Ramifications

• Texting while driving violations are considered moving violations
• These infractions can significantly increase your auto insurance premiums
• Repeated offenses may lead to more severe legal consequences

Penalties for Commercial and Company Drivers

Commercial drivers face significantly more severe consequences for texting while driving:

• Substantially higher fines
• Automatic suspension of commercial driver’s license (CDL) for multiple violations
• Potential immediate disqualification from commercial driving for repeat offenses
• Employers may terminate employment due to traffic violations
• Violations can remain on a professional driving record for extended periods
• Federal regulations impose additional penalties for commercial vehicle operators
• A texting violation can jeopardize current employment and future job prospects in transportation and delivery industries

Potential Criminal Charges

In cases where texting while driving results in an accident causing serious injury or death, drivers may face:

• Misdemeanor or felony charges
• Potential criminal prosecution
• Civil lawsuits for damages

At The Law Office of Mindy Paget Brill, we understand the complexities of texting while driving violations. Our experienced team can help you navigate the legal system, potentially reduce penalties, and protect your driving record.

How a Texting and Driving Lawyer Can Help

Facing a texting while driving violation can be overwhelming, but a skilled traffic defense attorney from The Law Office of Mindy Paget Brill can provide critical support throughout your legal journey. Our experienced lawyers understand the nuanced complexities of New York traffic law and can offer comprehensive legal strategies tailored to your specific situation.

Thorough Ticket Investigation

When you work with our firm, we conduct a thorough review of the circumstances surrounding your texting and driving citation. This includes carefully examining the evidence against you, investigating the precise details of the traffic stop, and identifying potential procedural errors or constitutional issues that could strengthen your defense. We scrutinize the technical aspects of the charge, such as the method of detection, the calibration of monitoring equipment, and the exact circumstances of the alleged violation.

Strive to Protect Your Driving Rights

Our legal team develops strategic approaches to minimize the impact of a texting while driving charge. For commercial drivers, we recognize the potentially career-ending consequences of such a violation and work diligently to protect your professional credentials. We may negotiate to reduce points on your license, challenge the evidence, or seek alternative resolutions that preserve your driving privileges and minimize financial penalties.

Minimize Consequences

We understand that each case is unique, and a one-size-fits-all approach simply doesn’t work. Our attorneys will explore every possible avenue to mitigate the consequences of your citation. This might involve negotiating with prosecutors to reduce the charge, challenging the technical evidence, or presenting mitigating circumstances that could influence the outcome of your case.

Protect Your Career

For commercial drivers, the stakes are even higher. A texting violation can mean lost income, damaged professional reputation, and potential job loss. Our firm specializes in developing defense strategies that specifically address the unique challenges faced by professional drivers. We work to protect not just your driving record, but your entire professional future.

Personalized and Compassionate Legal Support

Throughout the entire legal process, we provide compassionate and comprehensive support. We’ll explain every step of the proceedings, help you understand your rights, and provide clear, straightforward advice about your options. Our goal is to reduce the stress and uncertainty that comes with a traffic violation, allowing you to focus on moving forward with your life.

At The Law Office of Mindy Paget Brill, we are committed to providing aggressive, intelligent, and personalized legal representation for those facing texting while driving charges. We combine deep legal knowledge with a client-focused approach to deliver the most effective defense possible.

Should I Contest My Distracted Driving Ticket?

Deciding whether to contest a distracted driving ticket is a crucial decision that depends on several important factors. Each case has unique circumstances that can significantly impact the potential outcome of challenging the citation.

Reasons to Consider Contesting Your Ticket

When evaluating whether to fight a distracted driving ticket, carefully examine the following key aspects:

1. Evidence Against You
   • Review the specific details of the officer’s report
   • Assess the clarity and accuracy of the observed violation
   • Determine if there are any inconsistencies or potential errors in the citation
2. Potential Consequences
   • Understand the impact on your driving record
   • Evaluate potential increases in insurance premiums
   • Consider the points that may be added to your license

Scenarios Where Contesting Makes Sense

You might have a strong case to contest the ticket if:

• The officer’s account seems questionable or incomplete
• There are technical issues with how the violation was documented
• You have evidence that contradicts the original citation
• The circumstances of the ticket involve unique or mitigating factors

Potential Defenses for Cell Phone Tickets

Some potential legal defenses might include:

• Proving you were not actually using your device while driving
• Demonstrating you were using the device for a legally permitted purpose
• Identifying procedural errors in the ticketing process
• Showing emergency circumstances that required device use

When to Seek Professional Legal Help

Consulting with a traffic defense attorney can provide:

• Professional evaluation of your specific case
• Understanding of potential legal strategies
• Guidance on the most effective approach to contesting the ticket
• Representation in court to minimize potential penalties

Considerations Before Contesting

Before deciding to contest your ticket, carefully weigh:

• The time and potential costs of legal proceedings
• Your likelihood of success based on available evidence
• The potential impact on your driving record and insurance rates

At The Law Office of Mindy Paget Brill, we offer comprehensive consultations to help you make an informed decision about your distracted driving ticket. Our experienced attorneys can provide personalized guidance tailored to the specific details of your case, helping you understand the best path forward.

What To Do After Receiving a Texting and Driving Ticket

When you receive a texting and driving ticket in New York, taking the right steps can significantly impact the outcome of your case. Here’s a comprehensive guide to help you navigate the process:

1. Remain Calm and Preserve Evidence: Carefully review the ticket and keep all documentation. Take mental notes or write down the exact circumstances of the traffic stop, including time, location, and any interactions with the officer. If possible, gather any potential evidence that might support your case, such as phone records or GPS data.
2. Do Not Admit Guilt: Avoid making statements to the officer or others that could be construed as an admission of guilt. Anything you say can be used against you in court. Be polite and cooperative, but limit your communication about the incident.
3. Document the Incident: Write down a detailed account of what happened as soon as possible. Include:
   • Specific details of the traffic stop
   • Conditions at the time of the ticket
   • Any potential witnesses
   • Any extenuating circumstances
4. Understand the Charges: Carefully read the ticket and understand the specific violation you’re facing. In New York, texting while driving is a serious offense with potential points on your license, fines, and other consequences.
5. Check Your Options: In New York, you typically have three main options:
   • Plead guilty and pay the fine
   • Plead not guilty and contest the ticket
   • Attend a hearing to potentially reduce penalties
6. Gather Potential Evidence: Collect any supporting documentation that might help your case:
   • Phone records
   • GPS tracking
   • Dashcam footage
   • Witness statements
   • Any evidence showing you were not using your phone while driving
7. Consider Legal Representation: Consult with a traffic defense attorney who specializes in distracted driving cases. The Law Office of Mindy Paget Brill offers expert guidance and can help you:
   • Evaluate the strength of the case against you
   • Develop a strategic defense
   • Potentially reduce or dismiss the charges
8. Prepare for Potential Consequences: Understand the potential impacts:
   • Fines and court costs
   • Points on your driving record
   • Potential insurance premium increases
   • Impact on commercial driving licenses
9. Respond to the Ticket Promptly: Do not ignore the ticket. Failure to respond can result in:
   • Additional fines
   • Suspension of your driver’s license
   • Bench warrant for your arrest
   • More severe legal consequences
10. Consider Your Long-Term Driving Record: A texting while driving violation can have lasting consequences. Think about:
    • Potential impact on your current and future employment
    • Insurance rate increases
    • Accumulation of points on your license
    • Potential license suspension

Schedule Your Free Consultation For Your Traffic Ticket Today

If you’ve been issued a ticket for texting while driving, don’t face it alone. The Law Office of Mindy Paget Brill is committed to protecting your driving record and minimizing the consequences of traffic violations. Contact us today to schedule a consultation and take the first step toward resolving your case with confidence.

Texting and Driving Lawyer FAQs

1. What are the penalties for texting while driving in New York?

Penalties include fines ranging from $50 to $450, 5 points on your driving record, and potential increases in your insurance premiums.

2. Does texting while stopped at a red light count as texting and driving?

Yes, in New York, you can still be ticketed for using your phone while stopped at a red light or in traffic.

3. Are there exceptions to New York’s texting while driving law?

Yes, exceptions include using your phone to call emergency services or operating a hands-free device.

4. Will a texting and driving ticket affect my insurance rates?

A conviction may lead to higher insurance premiums, as insurers view such violations as risky behavior.

5. Can I fight a texting while driving ticket?

Yes, with the help of an experienced traffic ticket attorney, you can challenge the ticket and potentially have it reduced or dismissed.

6. How does a texting and driving violation affect my driver’s license?

If you accumulate 11 points within 18 months, your license may be suspended. A texting violation adds 5 points, bringing you closer to that limit.

7. What should I do if I receive a texting while driving ticket?

Document the incident, avoid admitting guilt, and contact an experienced traffic attorney to explore your options.

8. How can an attorney help with my texting and driving ticket?

An attorney can examine the evidence, identify defenses, negotiate with prosecutors, and represent you in court to protect your driving record.

9. What if I was using my phone for navigation?

Using your phone for navigation is permitted if it is mounted and used hands-free. Holding your phone for navigation can still result in a ticket.

10. How long does a texting and driving ticket stay on my record?

Points from a texting violation remain on your record for 18 months, but the violation itself can affect your insurance for several years.