Moving Violation Tickets

[KSMH]

Is that really the only option?

Or if your ticket is not checked that you are required to appear, you can pay.

[blue eyes]

Did anyone have success in reducing  a moving violation (over the speed 1-9) in Middletown court to a non moving violation? How much were the fines?

[pointer]

In NJ they will suspend your license if you dont return the plates ime

False.
Was this really your experience?!

[Madreigis]

Hi,

I got a "CELL PHONE'' ticket on Garden State Parkway - Middletown Court. The officer claimed I texted, which wasn't true I was talking on my ear Bluetooth. I just took out my phone to call a speed dial. I think the officer didn't even see that.

Does anyone know if you can ask the officer for proof/evidence? Any got attorney's for Middletown court?

Thanks

[stooges44]

Hi,

I got a "CELL PHONE'' ticket on Garden State Parkway - Middletown Court. The officer claimed I texted, which wasn't true I was talking on my ear Bluetooth. I just took out my phone to call a speed dial. I think the officer didn't even see that.

Does anyone know if you can ask the officer for proof/evidence? Any got attorney's for Middletown court?

Thanks

IME simply taking/holding your phone in your hand regardless of what you were or were not doing with it is grounds for a ticket.

[avromie7]

IME simply taking/holding your phone in your hand regardless of what you were or were not doing with it is grounds for a ticket.

You are legally allowed to dial from your phone and use it hands free.

[stooges44]

You are legally allowed to dial from your phone and use it hands free.

Hand free dialing yes, as in the phone is mounted somehow but to fully hold the phone in your hand at any point is no good.

[avromie7]

Hand free dialing yes, as in the phone is mounted somehow but to fully hold the phone in your hand at any point is no good.

You're wrong

[Philosophypsych]

You're wrong

So practically speaking, does an officer need to prove that you were using it for something other than speed-dialing, or does the driver need to prove in court that he was indeed only speed-dialing, and is there really any way to prove it other than having a video of the entire interior of the car that can clearly show the exact cellphone activity, and if there is no way, then what is the point of it considering you will get ticket regardless and nothing you could do about it?

[ltttc]

So practically speaking, does an officer need to prove that you were using it for something other than speed-dialing, or does the driver need to prove in court that he was indeed only speed-dialing, and is there really any way to prove it other than having a video of the entire interior of the car that can clearly show the exact cellphone activity, and if there is no way, then what is the point of it considering you will get ticket regardless and nothing you could do about it?

Just call: 917-426-2WIN (946).

[Philosophypsych]

Just call: 917-426-2WIN (946).

Dont need help with a ticket, I was responding to @avromie7, asking what the practical significance would be to insisting that it is legal to speed-dial and whether it is actually possible to get out of a ticket by making such a claim?

[avromie7]

Dont need help with a ticket, I was responding to @avromie7, asking what the practical significance would be to insisting that it is legal to speed-dial and whether it is actually possible to get out of a ticket by making such a claim?

Coming into court and saying that alone may not work, but it would definitely help you poke some holes in the officers story. For example you can ask the officer how long he saw you holding your phone and if all the evidence points to your story adding up you can win. You can also request the officers dash cam footage to bolster your claim.

[Philosophypsych]

Coming into court and saying that alone may not work, but it would definitely help you poke some holes in the officers story. For example you can ask the officer how long he saw you holding your phone and if all the evidence points to your story adding up you can win. You can also request the officers dash cam footage to bolster your claim.

So can you clarify the following, I am no legal scholar, but just from a logical standpoint, if what you`re saying is correct, then it turns out there are legal uses of a cellphone while driving and illegal uses of a cellphone, if so, it should not be enough for an officer to give you a ticket merely by observing you holding the device, rather he would have to give you a ticket claiming you were specifically engaging in an illegal use of the cellphone. As an example, a cop cannot give you a summons for smoking marijuana merely by observing you smoke a cigarette and then make you have to prove it was just tobacco, rather the summons is only given when the cop is stating that he specifically observed you smoking marijuana.
Does this argument not seem valid, if indeed you are allowed to use your cellphone for certain things?

[cashforphone123]

I got a right turn ticket in Brooklyn for improper turn. It was 2 lanes merging into one to make the right. (Heavy Traffic). I started merging where the lines were broken and partially crossed over 1 solid white line. I was completely in the right lane prior to making the right turn.

Additionally it was at night and I believe the cop was on the other side of the street on the left side and there is no way he could have seen me partially crossing over the white line.

Any advice or experience on how to fight this.

[ilherman]

Got a cellphone ticket in Monsey NY  Ramapo court for holding a cellphone at face level. The officer admitted I was not talking on it but holding it is the same problem. Should I go down and ask for plea? Will they make it a parking easy? Or should I take lawyer? Also the officer wrote the incorrect time. It was 3:15pm and he wrote 4:15pm. Does that help?

[stooges44]

Got a cellphone ticket in Monsey NY  Ramapo court for holding a cellphone at face level. The officer admitted I was not talking on it but holding it is the same problem. Should I go down and ask for plea? Will they make it a parking easy? Or should I take lawyer? Also the officer wrote the incorrect time. It was 3:15pm and he wrote 4:15pm. Does that help?

Errmm...

You're wrong

[avromie7]

Errmm...

1)I'm not sure what the law is in NY.
2) Just because the cop said so doesn't make it true.

[ilherman]

The law is very clear. Holding a portable electronic device is a moving violation. No need to talk or text.

[bettyblue]

Section 1225-D, Use of portable electronic devices, Vehicle & Traffic (VAT)

1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using any portable electronic device on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a portable electronic device on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.

 (b) "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data.

4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle or while operating a commercial motor vehicle on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays but not including when such commercial motor vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer is presumed to be using such device, except that a person operating a commercial motor vehicle while using a portable electronic device when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer shall not be 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.

Enjoy

Source: https://www.nysenate.gov/legislation/laws/VAT/1225-D

[bettyblue]

Hi,

I got a "CELL PHONE'' ticket on Garden State Parkway - Middletown Court. The officer claimed I texted, which wasn't true I was talking on my ear Bluetooth. I just took out my phone to call a speed dial. I think the officer didn't even see that.

Does anyone know if you can ask the officer for proof/evidence? Any got attorney's for Middletown court?

Thanks

I'm not a lawyer, this is not legal advice, take this with a grain of salt. Jersey law allows activating or initiating the function of a telephone with one hand, presumably including speed dial. See New Jersey Statutes Title 39. Motor Vehicles and Traffic Regulation 39 § 4-97.3, and State v. Malone, 2011 WL 2582730 (App. Div. 2011). Therefore, presumably you can argue you were initiating the function of your phone, not texting, and the burden would be on the state to prove otherwise.  Good luck.