Legal Question in Traffic Law in New York

Driver's Rights & Cell Phone Usage

My boyfriend was in NY state and was pulled over around midnight for using a cell phone. The officer did not say how he knew my boyfriend was using a cell phone. My boyfriend said he just checked a message and was not talking on the cell phone. The officer asked my boyfriend to get out of the vehicle, submitted him to a breathalizer test and then proceeded to handcuff/arrest him for driving on a suspended NY driver's license. My boyfriend has not lived in the state of NY & has not had a NY license for 7 years and told the officer this. He now has an arrest, and two tickets - one for the cell phone and the other for driving on a suspended NY license (PA license is not suspended either), and the outlay of cash to get his truck out of impound, not to mention all the other anguish we have been through. Does he have any rights in this matter and any means of retribution? If you're getting a ticket for something, don't they have to give you proof that you committed a ''crime''?


Asked on 3/23/03, 2:35 pm

1 Answer from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Driver's Rights & Cell Phone Usage

For the aggravated unlicensed operation of a motor vehicle (driving with a suspended license) the police officer would have to get a report from DMV that proves the requisite number of suspensions. The cell phone charge is simply your boyfriend's word against the police officer's. The charges are not serious, but one of them is a misdemeanor, which does carry with it a possible jail sentence. I'm not sure what kind of retribution you're looking for, but at this point he needs to worry about cleaning up his license and getting these charges behind him.

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Answered on 3/24/03, 10:00 am


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