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My 28 yr old Grandaughter was stopped and ticketed for

My 28 yr old...

My 28 yr old Grandaughter was stopped and ticketed for having her cell phone in her hand. Not talking or using but just moving it, NY state, is there any way to get it excused, it her first and only offense since she started driving 4 years ago

Lawyer's Assistant: Have you talked to a NY lawyer about this?

Not yet, just happened

Lawyer's Assistant: What steps have you taken so far?

None, yet, I was just told about it 15 min ago, my daughter called me because my Grandaughter was too upset to let me know, it’s my car and she’s on myninsurance

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so, I was planning on just turning the car over to her when she was out of the risk pool and could afford insurance on her own but I doubt now that it will happen, I’m 7t and rarely drive but she needs it for herself and her two kids since she wi orks

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Answered in 1 minute by:
3/27/2018
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your granddaughter's situation. Give me just a few minutes to finish typing up some information for you, thanks!

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New York state laws have become increasingly more aggressive over the past several years.

A cell phone ticket now carries 5 points with it, when it used to carry 1.

That being said, yes your granddaughter can contest the ticket and then try to obtain either (1.) a plea to a lesser ticket, or (2.) an outright dismissal through a trial.

Since she has no other run-ins with her license or with the criminal law at all, the prosecutor may be willing to negotiate this to a lesser ticket.

The other possibility is requesting a trial, and then cross-examining the ticketing officer, hopefully to find some sort of contradiction in his testimony that would allow your granddaughter to obtain a dismissal.

Also, if the officer does not appear in court on the scheduled date, the ticket may automatically be dismissed.

You can consider hiring a traffic lawyer to represent your granddaughter in this process.

Traffic lawyers in NY are experienced with getting these tickets dismissed or reduced, and considering the specific facts of what happened with your granddaughter's situation, they may have a very strong chance at being successful.

If you'd like to contact a traffic lawyer about representing her, you can call the New York State Bar and ask for a referral to a lawyer in the county where the ticket was issued.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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