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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Traffic Law
Satisfied Customers: 4500
Experience:  10 years of legal experience, including traffic law
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I got a mobile device ticket. I have a clean license. How do

Customer Question

I got a mobile device ticket. I have a clean license. How do I keep it that way?
Submitted: 2 years ago.
Category: Traffic Law
Customer: replied 2 years ago.
I got this ticket in NY. I am licensed in NY. Can I get this ticket reduced? I do not want points on my record.
Customer: replied 2 years ago.
I was holding my mp3 player. The police officer said he saw a phone.
Expert:  Hammer O'Justice replied 2 years ago.

Hello.

One way in New York to keep your record clean is to get an adjournment in contemplation of dismissal (also known as ACD or ACOD). It is a disposition, generally for first time offenders, where your case is put off for a period of time (usually six months) and if you don't pick up any additional infractions or charges during that time, the case is dismissed. It will keep the conviction and the points off of your record. You can also ask to have it reduced to a non moving violation, which will keep the points off of your record but you will still have to pay a full fine. It all depends on what you can work out in court, but those are the two most likely options that will keep the mobile ticket off of your record.

Customer: replied 2 years ago.
Thank you. How do I present this when I go to the court date? What do I say to the judge?
Expert:  Hammer O'Justice replied 2 years ago.

It depends on how the courtroom is set up. In some counties, a prosecutor is present in the courtroom so it is simply a matter of showing up early and talking to him/her and asking for an ACD. Others do not use a prosecutor and the judge runs the docket, so when your case is called you may have to inquire of the judge if he or she is willing to give you an ACD.