Should I fight a "cell phone" Ticket I got in NY last Friday or should I just pay the Man?

[CTA4AVANT]

Pulling out of the Tappan Zee Bridge Toll Booths Friday afternoon I was lifting my phone to my ear to take a call when I look to the left to see a State Trooper looking over at me as he was pulling out as well.

He motioned for me to pull over, put his lights on, and followed me off the highway onto the exit ramp right after the tolls.

He comes up to my window and asks: "You know why I pulled you over?" Me: "Yes" Him: "License and Registration, please."

NY requires that hands-free devices be used when using a cell phone. Mine broke two weeks ago, no replacement yet. No other excuses.

My reason for fighting the ticket would be that how can he prove I was actually using the phone when I was just lifting it to my ear when he saw me?

The other thing is, he couldn't tell me what the fine was. He says I have to call the local courthouse. I think it's $100.

So, do I fight it or not? Let's have a vote!

-Rye

[yourk]

[SFexBOY]

[Silv3rMoto]

fighting a ticket always works... then you get the fine and points reduced usually...... time to get you a moto phone and a easy install car kit

or a newer moto phone and a bluetooth car kit

[paulroad]

Bring you cell bill in with the time and date of the offense.

Show that there ws no phone call made or received at the time of the offense.

[Lightweight-USPowah]

because last time I was looking at point tickets a cell phone violation wasn't on it..

[SFexBOY]

"What is the law on cell phone use while you operate a vehicle in NYS?

New York State has passed a law that does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 and mandatory surcharges of $50.

This violation is not a probationary license violation, and the DMV does not assign any driver violation points.

For complete information on this traffic safety issue and a copy of the law, see Car Cell Phones at the Governor's Traffic Safety Committee web site."

[overboostpsi]

court, they ask for your phone records as proof that you weren't on the phone at the time or around the time you were pulled over for using your phone. It's pretty hard to fight it if your phone bill says that you had a call at that time.

My brother got lucky cuase he never answered the phone so it didn't appear on his bill. He used that as proof.

If they don't ask for you phone bill don't show it. Try to come up with another form of proof that you weren't using the phone for a phone call, but for something else.

[RKA]

was holding in his hand when the trooper pulled him over?

IMNSHO, the minute he admits that a cell phone was in his hand, and he was putting it to his ear, he's done. Whether or not the call actually transpired is a matter of semantics.

[S4Lee]

For a $100 phone call, I would've...