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Flower
LIF Infant
Member since 2/09 147 total posts
Name:
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Driving while holding electronic device ticket - points?
Got a ticket today for holding an electronic device in my hands (iphone) while driving. I am in Nassau County, Town of Hempstead. Have to send it back pleading guilty or not guilty. I am expecting a hefty fine, but am mostly concerned about points. Does anyone know how many points I am likely to get?
Also, should I plead gulty or not guilty? Would pleading not guilty help me bring the points down?
Had no idea the driver is not allowed to hold a device in his/her hands, thought you are only not allowed to text, talk while driving. My phone will me in my purse while I am driving going forward.
Thanks in advance
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Posted 4/19/13 7:23 PM  |
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Kitten1929
LIF Adult
Member since 1/13 6040 total posts
Name:
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Driving while holding electronic device ticket - points?
I hear ya. I guess the cop would have no way of distinguishing you holding the phone versus texting or placing a call. If I am guilty, I plead so and pay the fine. I've never had a violation that involved points, so that I'm unsure of. Good luck!
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| Posted 4/19/13 8:02 PM |
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butterfly20
Party of 5 - 2015
Member since 4/06 7390 total posts
Name:
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Driving while holding electronic device ticket - points?
i think might be 2 for moving violation.... Hands free driving... aka no holding to hear or just outward.
had an uncle who is a firefighter who got a ticket- he was holding his phone outward...
just turn the speaker on and drop it on your lap if you have to talk.
Message edited 4/19/2013 8:50:31 PM.
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| Posted 4/19/13 8:49 PM |
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ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Re: Driving while holding electronic device ticket - points?
3 Points
I can't say whether or not you should plead not-guilty or just pay the fine. DH just got one out here in Suffolk and he's adamant that he was not touching his phone (I wasn't there but I don't think he'd lie to me) so he plead N/G. This was only a month or so ago so he's still waiting for a date.
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| Posted 4/19/13 11:21 PM |
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Mrs213
????????
Member since 2/09 18986 total posts
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Driving while holding electronic device ticket - points?
I did not know either than you can't be futzing around with your iPod t change the music but it makes sense!
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| Posted 4/19/13 11:32 PM |
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hope123
LIF Adult
Member since 2/08 1097 total posts
Name:
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Driving while holding electronic device ticket - points?
If you end up pleading guilty and get points..you could take defensive driving course to reduce points if you haven't already taken the course.
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| Posted 4/19/13 11:37 PM |
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Re: Driving while holding electronic device ticket - points?
I went to court and they reduced it to a broken taillight. No points.
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| Posted 4/20/13 9:05 AM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: Driving while holding electronic device ticket - points?
Posted by TuttsyLow
I went to court and they reduced it to a broken taillight. No points.
I agree. Plead not guilty and go to court. If you have a clean or relatively clean license it will most likely be knocked down to a parking ticket. This is what happened to me when I get a ticket for failure to use my signal at a traffic light.
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| Posted 4/20/13 9:21 AM |
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AllyMally
LIF Adolescent
Member since 1/13 881 total posts
Name:
Alyson
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Driving while holding electronic device ticket - points?
I say plead not guilty if you were not texting or talking and when you go to court prove it with your phone. You can show you weren't on it at the time. I don't believe it's against the law to hold a device in your hand.
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| Posted 4/20/13 11:40 AM |
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ReiRei13
Life is Good!!
Member since 1/08 6460 total posts
Name:
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Re: Driving while holding electronic device ticket - points?
That's insane! I know I use my phone for it's GPS app, and I always hold it while using that app!
I'm in SC, so we're still allowed to talk on our phones down here, but when I was just visiting NY, I would hold it while using my GPS. I had no idea you couldn't hold the device.
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| Posted 4/20/13 10:12 PM |
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Blazesyth
*yawn*
Member since 5/05 8129 total posts
Name:
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Re: Driving while holding electronic device ticket - points?
NYS law
4. A person who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle is presumed to be using such
device. The presumption established by this subdivision is rebuttable by
evidence showing that the operator was not using the device within the
meaning of this section.
As for using the phone as a GPS, there was a recent case in California about this. It was considered 'transmitting data' and the answer was "Too bad, its still using a handheld device, use a paper map instead."
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| Posted 4/21/13 6:21 AM |
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MrsSpring
I'm a lucky mama
Member since 1/10 7585 total posts
Name:
L
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Re: Driving while holding electronic device ticket - points?
is the ticket town of hempstead? i know a few years ago when i had to go with dh when he got a ticket for his work truck (his ex boss had reg plates on a commercial vehicle) they did deals with everyone. Most with no points.
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| Posted 4/21/13 7:36 AM |
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ny55angel
car seat tech & geek :-)
Member since 2/06 4346 total posts
Name:
P
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Driving while holding electronic device ticket - points?
If you plead not guilty they will most likely reduce the violation to one thatddoesn't carry points if your license is clean our relatively clean. Be prepared to pay the penalty on the original offense though. Also, if you do get points, taking the defensive driving course like a previous poster mentioned, will not reduce the points unless you're license is in jeopardy of being suspended because of points (you would need to get 11 pounds within an 18 month period for that.) The defensive driving course will however give you a 10% discount on your insurance.
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| Posted 4/21/13 9:14 AM |
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Jonsgirl04
Love my two girls! xoxo
Member since 9/08 6079 total posts
Name:
Stephanie
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Re: Driving while holding electronic device ticket - points?
My brother was able to fight a ticket for holding a cell. A few years ago though..texting wasn't available yet..lol.. He was not on it talking and he brought in a detailed call history repot from the phone company that showed he was not in the phone when the officer said he was, so he won.
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| Posted 4/21/13 9:16 AM |
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CSK
LIF Adolescent
Member since 9/11 892 total posts
Name:
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Driving while holding electronic device ticket - points?
And I'm not sure how you prove you weren't doing it really.... just because you didn't send a text at the instant he caught you, doesn't mean you weren't reading emails, reading texts or whatever.
People shouldn't be playing with their phone while driving. and Hands free means not holding the phone. The number people holding the damn things out in there hand in front of them is nuts... I'm glad people are getting pulled over for it, they're missing the point of why the law is there in the first place.
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| Posted 4/22/13 11:20 AM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Driving while holding electronic device ticket - points?
As charged it is 3 points. Plead not guilty, and they will probably offer you a no point parking or equipment violation.
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| Posted 4/23/13 9:31 AM |
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Little-J-Mommy
I'm a Big Brother
Member since 5/06 8041 total posts
Name:
D
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Re: Driving while holding electronic device ticket - points?
How is fiddling with/holding a paper map any different than holding your phone with google maps? I think a paper map is even more distracting
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| Posted 4/23/13 10:01 AM |
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MandJZ
Time for Baby #2!
Member since 8/10 4194 total posts
Name:
M
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Re: Driving while holding electronic device ticket - points?
Posted by Little-J-Mommy
How is fiddling with/holding a paper map any different than holding your phone with google maps? I think a paper map is even more distracting
This is what I was going to say. Not saying I think we should be allowed to use phones while driving, but to say you can't use the GPS on your phone but you can hold a paper map while driving is silly. What about the GPS built into my car? Am I allowed to fiddle with that while driving? The radio? I totally get not talking with the phone to your ear, or not actively texting, but if you can use a paper map and/or the radio/GPS built in, what is the difference between that and a handheld GPS?
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| Posted 4/23/13 10:07 AM |
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