to fight cell phone ticket in NYC, 2 points also...

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  • biggamer3
    SBR MVP
    • 04-16-07
    • 2163

    #1
    to fight cell phone ticket in NYC, 2 points also...
    First points to hit my record and was kinda BS how he gave me ticket. They use to just have this as a ticket no points, my luck they recently changed law to 2 points plus fine for cell phone tickets.

    Was holding cell phone near the cup holding area and was talking on speaker, not even sure how cop saw me holding it. Even told the officer I was on speaker phone not talking with phone in ear. Not sure if that is guilty talk from me that the officer can quote me with.

    Is it even worth pleading not guilty? any chance at success here?
  • goofyre
    SBR MVP
    • 04-20-10
    • 1933

    #2
    I'd fight it. There is a good chance the cop won't show up and it will get thrown out.
    Comment
    • whatsgood5
      Restricted User
      • 10-13-09
      • 15359

      #3
      Only clicked on this thread because "2 points" was in the title.

      I'll leave now, good luck with this though.

      EDIT - You shouldda told him you were texting, that would have been believable considering the position you were holding the phone at.
      Comment
      • biggamer3
        SBR MVP
        • 04-16-07
        • 2163

        #4
        Isn't texting a for sure guilty plea?
        Comment
        • jjgold
          SBR Aristocracy
          • 07-20-05
          • 388179

          #5
          Cop needed to fill quota
          I would fight it
          Comment
          • biggamer3
            SBR MVP
            • 04-16-07
            • 2163

            #6
            Jj how much do I have to pay to have you defend me and I tape your performance in front of judge for sbr
            Comment
            • ttrace35
              SBR Posting Legend
              • 09-30-10
              • 10828

              #7
              Good luck winning anything in NYC traffic court. You very rarely win. If it is the Bronx, you may have a chance. I never had any luck in traffic court. My license is no good. I drive like an old lady and hope to not get pulled over.
              Comment
              • doublej95
                SBR Posting Legend
                • 01-26-10
                • 14094

                #8
                Next time just dial 911 and say you are having chest pains.
                Comment
                • whatsgood5
                  Restricted User
                  • 10-13-09
                  • 15359

                  #9
                  Originally posted by biggamer3
                  Isn't texting a for sure guilty plea?
                  From my understanding texting while driving is a secondary offense, which means you can't be ticketed for it unless you're also being ticketed for something else like reckless driving, failing to signal, doing meth etc.
                  Comment
                  • windwind
                    SBR Wise Guy
                    • 07-21-10
                    • 597

                    #10
                    nop, if you told the cop you WERE using the phone, hes ganna put it in writing and if u flip we seein the judge, the judge is ganna take the police's word. unless u have a phone bill under your name that shows no calling record durin the stopping, that only works if you have more thn one cell phone.
                    Comment
                    • freeVICK
                      SBR Hall of Famer
                      • 01-21-08
                      • 7114

                      #11
                      hooked on phonics worked for me...
                      Comment
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