Legal Question in Traffic Law in New York

I was pulled over and given a violation for using my cell phone while driving in NYC. The phone was in my lap when I was pulled over. I wasn't using it hands free or otherwise. I was scratching my ear. My phone bill shows there were no calls going in or out of my phone for 20 minutes before and after when I was pulled over. I'm going to fight this in court. Other than bringing in my phone bill, do you have any suggestions for me?


Asked on 4/12/11, 5:10 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

A witness in the car would be helpful. You might want a certified copy of your phone bill and bring the bills of any other person in your family with a cell phone since the police could say you had someone else's phone. If there is more than one phone in your name or your phone bill is in some other persons or employer's name you might want someone with authority to testify that this is the phone you use and do not have authority to use any other phone.

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Answered on 4/13/11, 4:36 am


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