Long Island’s Top Cell Phone Ticket Attorney

Why Choose the Law Office David Galison, P.C.?

  • Over 20 Years Experience
  • We Respond to Court on Your Behalf
  • Available 24/7
  • Most Tickets Dismissed or Significantly Reduced
  • Reasonable Rates That Save You Money

The Law Office of David Galison, P.C. will rigorously defend all charges filed against you by the police and the prosecution. We are experienced trial litigators who will get you the best outcome possible.

Kristin Galison

Kristin Galison is a former Assistant District Attorney experienced in all aspects of criminal law. Prior to joining the Law Office of David Galison, P.C., she worked for nearly a decade at the Nassau County District Attorney’s Office where she prosecuted both felony and misdemeanor cases. During her tenure with the office, Kristin worked in the District Court Trial Bureau where she specialized in litigating Driving While Intoxicated (DWI) cases. Kristin also worked in the Felony Screening Bureau, Grand Jury Bureau and County Court Trial Bureau. She has tried over two dozen cases to verdict and conducted countless pretrial hearings.

Kristin has now brought her passion for criminal law and vast litigation experience to the Law Office of David Galison, P.C. She zealously advocates on behalf of each and every one of her clients. Her goal is to provide knowledgeable, skilled and effective defense to every case she handles.

Kristin Galison is the 2015 recipient of the Nassau County Women’s Bar Association Courage Award. She is a graduate of the Maurice A. Deane School of Law at Hofstra University. While earning her Juris Doctorate, Kristin participated in the AAJ Student Trial Advocacy Competition and the National Institute for Trial Advocacy Trial Techniques Program. She earned her bachelor’s degree from the State University of New York at Geneseo.

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Some of Our Google Reviews!

“Highly recommended! Very professional, responsive and thorough. Always there when needed with the best possible outcome. Excellent attorney for a very reasonable retainer.”

Jared

“First off I want to say that I have used Kristin Galison and her husband before her for years. This time it was my new to driving and college student 18 year old son. He had mistakenly went through a school zone doing 44 mph in a 20 mph zone. When pulled over the officer also gave 2 tickets for the chrome license plate brackets front and back saying they were too shiny. He was looking at 6 points and $1280 fines plus who knows how much damage to my insurance premium. So I contact Kristin Galison and she said she would try the best she could to get dismissed but of course did not guarante. Well to my surprise and enjoyment my son received a letter say that all three tickets have been dismissed..No Fines and best of all NO POINTS.”

Dave

“Kristin Galison did a more than wonderful job to help me with my cell phone ticket. They responded immediately, their staff was also very helpful and even better she was able to get my ticket dismissed. If I could give them ten stars I would. HIGHLY recommend.”

Alexandra

Long Island Cell Phone Ticket Lawyer – Suffolk County- Nassau County

Greatest Lawyer Ever

Understanding New York’s Cell Phone and Electronic Device Traffic Violations

In New York State, the use of mobile phones and electronic devices while driving is regulated under specific provisions of the Vehicle and Traffic Law (VTL). These laws are designed to enhance road safety by mitigating driver distractions. The primary statutes governing these violations are VTL § 1225-c and VTL § 1225-d.

VTL § 1225-c: Use of Mobile Telephones

Prohibition: This statute prohibits drivers from operating a motor vehicle on public highways while using a mobile telephone to engage in a call when the vehicle is in motion. Holding a mobile phone to, or near, the ear while driving creates a presumption of engaging in a call. This presumption is rebuttable with evidence to the contrary.

Exceptions:

  • Emergency Communications: Using a mobile phone solely to communicate regarding an emergency situation, such as contacting emergency response operators, hospitals, physician offices, health clinics, ambulance companies, fire departments, or police departments.
  • Official Duties: Individuals performing official duties, including police officers, peace officers, members of fire departments, or operators of authorized emergency vehicles.
  • Hands-Free Devices: Utilizing a hands-free mobile telephone.

Penalties:

  • First Offense: Fine ranging from $50 to $200.
  • Second Offense (within 18 months): Fine ranging from $50 to $250.
  • Third or Subsequent Offenses (within 18 months): Fine ranging from $50 to $450.

Each violation also imposes a surcharge of up to $93 and adds five points to the driver’s license.

VTL § 1225-d: Use of Portable Electronic Devices

Prohibition: This statute prohibits drivers from operating a motor vehicle while using any portable electronic device when the vehicle is in motion. For commercial motor vehicle operators, this prohibition extends to times when the vehicle is temporarily stationary due to traffic, traffic control devices, or other momentary delays.

Definition of Portable Electronic Device:

  • Hand-held mobile telephones
  • Personal digital assistants (PDAs)
  • Handheld devices with mobile data access
  • Laptop computers
  • Pagers
  • Broadband personal communication devices
  • Two-way messaging devices
  • Electronic games
  • Portable computing devices
  • Any other electronic device used to input, write, send, receive, or read text for present or future communication

Exceptions:

  • Emergency Communications: Using a portable electronic device solely to communicate regarding an emergency situation, such as contacting emergency response operators, hospitals, physician offices, health clinics, ambulance companies, fire departments, or police departments.
  • Official Duties: Individuals performing official duties, including police officers, peace officers, members of fire departments, or operators of authorized emergency vehicles.

Penalties:

  • First Offense: Fine ranging from $50 to $200.
  • Second Offense (within 18 months): Fine ranging from $50 to $250.
  • Third or Subsequent Offenses (within 18 months): Fine ranging from $50 to $450.

Each violation also imposes a surcharge of up to $93 and adds five points to the driver’s license

Impact on Drivers

Accumulating points from these violations can lead to significant consequences, including increased insurance premiums and potential suspension of driving privileges. For instance, accumulating 11 points within an 18-month period can result in a suspended license. Additionally, drivers may be subject to the Driver Responsibility Assessment, which imposes a $300 fine over three years if they accumulate six or more points on their driving record.

Defensive Strategies

Challenging a cell phone or electronic device violation requires a nuanced understanding of the law.Potential defenses include:

  • Rebutting Presumptions: Providing evidence that, although holding a device, the driver was not engaged in prohibited use. For example, demonstrating that the device was not being used for communication or that it was being used in a permissible manner.
  • Questioning Observations: Challenging the credibility or accuracy of the officer’s observations and testimony.
  • Technicalities: Arguing that the device in question does not meet the statutory definition of a “mobile telephone” or “portable electronic device”.

Given the complexities involved, consulting with an experienced traffic attorney is advisable to explore viable defenses and navigate the legal process effectively.

Conclusion

Understanding and adhering to New York’s laws on the use of mobile telephones and portable electronic devices while driving is crucial for all motorists. These regulations are in place to promote road safety and reduce distractions. Being aware of the specific prohibitions, exceptions, and penalties associated with VTL §§ 1225-c and 1225-d can help drivers make informed decisions and avoid significant legal and financial consequences.


Note: The information provided herein is for educational purposes and should not be construed as legal advice. For specific legal concerns, please contact us for a consultation.

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