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Samuel-II
Samuel-II, Attorney
Category: Traffic Law
Satisfied Customers: 27009
Experience:  I have been handling minor traffic offenses for more than 20 years.
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I got second ticket device - boht in queens - it

Customer Question

I got second ticket for using device - boht in queens - it was a penalty and a 600 fee they want me to pay - 200 per year. I have now the third one. I need to hire a lawyer to just help me wiht a ticket. I am afraid third time they will suspend my licence.
Please help me how can i defend against that - where can i get a lawyer that would not be too expensive but would help me fight this third one off. I essentially had a ohone on my dashbord right leaning on the car screen and was just using a touch screen to naviget the maps. It was no different than if i was using my own car's maps application but loexus application is really bad so i leaned my ophone on it and used it wiht one arm's fingers.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Samuel-II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
Please tell me is this what you got a citation for? Or something else. If something else, tell me what it is.
N.Y. VAT. LAW § 1225-d : NY Code - Section 1225-D: Use of portable
Customer: replied 1 year ago.

Yes - that is it. On a website it says this: OP MV PORT ELEC DEV

Expert:  Samuel-II replied 1 year ago.
HelloThank youThere is no license suspension attached to this violation. The law, which you can read at this Link states:A violation of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred fifty dollars -
Expert:  Samuel-II replied 1 year ago.
I am however checking to be sure there is no other penalty for a subsequent offense
Expert:  Samuel-II replied 1 year ago.
Ok. So I do not see where there are other penalties.The law does say this under No 4A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle is presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section.
Expert:  Samuel-II replied 1 year ago.
Therefore, I suggest there is not much of defense. They don't give much wiggle room for saying your were not using the device.

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