Effective immediately the Nassau County Traffic & Parking Violations Agency (NCTPVA) located at 16 Cooper Street in Hempstead has changed their policy on Cell Phone and Electronic Device tickets.
Under New York State Law a plea of guilty to violating Vehicle and Traffic Law Sections 1225(c) or (d), Using a Cell Phone or Electronic Device While Driving, will result in five (5) points on your New York State driver’s license. As many people are aware points on your license may lead to increased insurance premiums. If you receive six or more points on your license you may also be subject to the Driver Responsibility Assessment Fee imposed by the DMV.
In the past the NCTPVA has been very reasonable in plea-bargaining Cell Phone and Electronic Device tickets. Depending on your driving record such tickets have had the possibility of being reduced to three (3) or less point violations.
However that plea-bargaining leniency has changed with the Court’s newly announced Distracted Driver Education Program. Under this initiative a motorist must admit to Improper Use of a Cell Phone or Electronic Device and waive their right to appeal. They will then be allowed to plead to Tailgating, a four (4) point violation, and must pay a $283.00 fine. The motorist is then required to purchase and install in their car an approved cell phone control device within 10 days. The device will monitor whether the person operates an electronic device while driving in violation of the law. This device must remain in the motorist’s vehicle for 90 days. On the next court date, the motorist must provide the Court with a print out of the report generated by the device. The Court will then determine whether the motorist has complied with the terms of the agreement. If so, the motorist will be allowed to vacate their plea to Tailgating and instead plea guilty to a no point Parking ticket. If the motorist fails to comply with the conditions of the program then their plea to Tailgating will remain on their driving record.
If this program sounds onerous and excessive for a simple traffic ticket it’s because it is. But if you go to the NCTPVA to fight a Cell Phone or Electronic Device ticket it is the only offer that the prosecutor is authorized to make you.
However, there is still another way to fight a Cell Phone or Electronic Device ticket at the NCTPVA. Hire an experienced attorney who is familiar with the appropriate discovery demands and motions that can be made on such tickets.
The Law Office of David Galison, P.C. specializes in traffic ticket defense. We know the timelines for when discovery requests must be made and when appropriate motions may be filed. We regularly appear at the NCTPVA and frequently have motions to dismiss granted for legal technicalities.
CALL US TODAY TO SCHEDULE A FREE CONSULTATION, 516-242-4477. We look forward to speaking with you and fighting your Cell Phone or Electronic Device Ticket, as well as any other tickets you may have received.
