Is it worth fighting a cell phone ticket in NYC when the phone was on speaker?

Traffic Laws Forum
1

So I got a cell phone ticket in NYC, but the phone was on speaker the whole time, nowhere near my ear. It was probably about car radio level. Is it worth fighting this ticket? Anyone been through something similar? I’m wondering if it’s even worth the hassle.

2

I’ve heard fighting it can work if you can show the phone wasn’t actually held to your ear. You might have a chance!

3

AdvocateA said:
I’ve heard fighting it can work if you can show the phone wasn’t actually held to your ear. You might have a chance!

Yeah, I agree. You’d probably need proof that the phone was on speaker. It could be worth it, especially if you have no prior violations.

4

@Tavi
Exactly, showing it was on speaker would be key. I think it’s worth trying if you don’t have a bad driving record.

5

If the ticket just says ‘use of cell phone while vehicle in motion,’ it might be tough to fight without a clear distinction. But since you’ve got no prior violations, you might have some wiggle room.

6

Chen said:
If the ticket just says ‘use of cell phone while vehicle in motion,’ it might be tough to fight without a clear distinction. But since you’ve got no prior violations, you might have some wiggle room.

I’m not sure about NYC laws, but I know in some places, it depends on whether the phone was actually used for talking. If it was on speaker, that might help your case.

7

I got a similar ticket before, and it was such a pain to fight. I didn’t win, but honestly, it was worth trying. If you can prove you weren’t holding the phone, it might work out.

8

Hutton said:
I got a similar ticket before, and it was such a pain to fight. I didn’t win, but honestly, it was worth trying. If you can prove you weren’t holding the phone, it might work out.

I think I’d at least try. The fact that you have no violations is a plus. Worst case, you still try and see what happens.

9

I’ve fought a ticket in the past with a similar situation, and it didn’t go my way. But it was worth the shot. I’d suggest speaking to a lawyer about it to get the best advice.

10

WritWrangler1 said:
I’ve fought a ticket in the past with a similar situation, and it didn’t go my way. But it was worth the shot. I’d suggest speaking to a lawyer about it to get the best advice.

Thanks for the heads up! I’ll consider it. I was thinking of just paying the fine, but maybe I’ll try fighting it instead.

11

It’s definitely worth fighting if you believe the phone wasn’t actually being used in violation of the law. I’d suggest consulting with a lawyer before deciding though.

12

Piper said:
It’s definitely worth fighting if you believe the phone wasn’t actually being used in violation of the law. I’d suggest consulting with a lawyer before deciding though.

Yeah, a quick chat with a lawyer could save you a lot of stress. I’d say it’s worth a shot if you’ve got no record!