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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23212
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I just received a ticket in NY State for operating a motor

Resolved Question:

I just received a ticket in NY State for operating a motor vehicle while talking on a cell phone. I have never gotten a ticket before and I am confused about my next step. The officer said I should mail in the ticket, appear at court 15 minutes early and the officer would try to help me out and get the ticket reduced to a parking violation so that I don't get any points on my license. My question is, should I mail in a plea of guilty or not guilty? If I say "guilty" do I even get a chance to appear in court or do I just pay the fine and get the points. Or should I just show up at the appearance date shown on the ticket and try to work something out?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hi Jacustomer,

Texting while driving is a driving infraction. See Section 1225-d of the Vehicle and Traffic law. So it's not a crime and won't give you a criminal record. The penallty consists of just a fine, and it can be no greater than $150. You'd also get 3 points on your liscense.

If you want to go to court and contest the charge, you would plead NOT GUILTY and get a date to come in and fight the case. Sometimes, just from showing up, the prosecutor in the court will give you a break as to the amount of the fine and the points by letting you plead guilty instead to a parking infraction. If it's worth more to you not to give up a workday to come to court, and you don't care about the points, you can pay the fine stated on the ticket, plead guilty and that will take care of that.

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