What Evidence Must Prosecution Show To Prove I Was Using An Electronic Device While Driving?

Just like in a criminal law matter, the prosecution has the burden of going forward and proving each and every element of the alleged offense.  That includes the benefit of a statute with a rebuttable presumption that the motorist holding an electronic device in their hand is using it. The motorist has a chance to counter that presumption with evidence, including testimony.  But, if they were observed holding the phone while the vehicle is in operation (even while stopped at a red light), that burden of proof shifts to the defendant to establish they weren’t using the device or risk being convicted. Interestingly, one could read a newspaper while driving and not be cited.  Yet, under this statute you can’t be holding and looking at your cell phone or even your GPS for directions on travel. It comes down principally to the testimony of the officer and what they specifically observed.

It’s not uncommon for an officer to testify they merely saw the motorist looking downward.  In that case, evidence may be presented which demonstrates that doesn’t sufficiently establish they were looking at their cell phone or another electronic device.

What Is The Exact Cost Of A New York Cell Phone Or Texting Ticket?

If a motorist were to be convicted as charged by their plea of “guilty” or losing their case at trial — the first offense is up to two hundred dollars plus a mandatory surcharge. If a cell phone ticket is reduced, however, the fine and points would be correspondingly reduced.

Depending upon your driving record, the real penalty may come later in the form of a suspension, revocation, or insurance premium increase. Also, once you hit six points, DMV is going to send you a bill for three hundred dollars for its Driver’s Responsibility Assessment (DRA) and then seventy-five dollars for each point thereafter. This DRA has to be paid – if not, your license can be suspended by DMV until it is paid.

What Additional Charges Can I Face If I Am Accused Of Causing An Accident While Using A Cellphone And Driving?

These are very important circumstances in a case where someone is alleged to have been using a cell phone and driving when they were involved in an accident in the State of New York. If you are alleged to have caused a motor vehicle accident while using a cell phone, you could be looking at a reckless driving charge (which is a misdemeanor) or possibly worse if there are personal injuries involved. Depending on how serious the injuries are, there may also be felony charge(s).

For more information on Using An Electronic Device While Driving, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 301-7500 today.