As traffic ticket attorneys, we understand how even minor violations can have severe consequences, especially for professional drivers. Recently, we represented a client charged under New York Vehicle and Traffic Law (VTL) 1225-c(2)(a) for allegedly using a cell phone while driving. The case was pending in the Fenton Town Court and was prosecuted by the Broome County District Attorney’s Office. The client held a Class A Commercial Driver’s License (CDL), and the potential impact of a conviction was significant.
The Case: Cell Phone Use Charge
Our client was accused of talking on a cell phone while operating a motor vehicle, a serious offense under VTL 1225-c(2)(a). To make matters worse, the prosecution rejected our request for a diversion program and refused to offer any reduction. With trial scheduled for October 10, 2024, the stakes were high, and the outcome of the trial was uncertain.
The Legal Strategy: Motion to Dismiss
We carefully reviewed the accusatory instrument and identified a critical flaw. The officer’s supporting deposition failed to state that the client was engaged in a call, which is required for a violation under VTL 1225-c(2)(a). Instead, the officer only mentioned that the client was holding a phone in their hand, which does not meet the legal standard for this charge.
In response, we filed a motion to dismiss the ticket, arguing that the supporting deposition was legally insufficient. Upon reviewing the law and our analysis, the prosecution agreed and moved to dismiss the ticket themselves.
The Outcome: Case Dismissed
Thanks to our diligent examination of the law and evidence, we successfully secured a dismissal of the charge. This victory not only spared our client from the fines and penalties associated with the ticket, but it also safeguarded their CDL, allowing them to continue their career without interruption.
Why This Matters
For CDL holders, even a minor traffic ticket can lead to major consequences. This case shows the importance of having experienced legal representation that knows how to scrutinize every aspect of the case and fight for the best possible outcome.
If you or someone you know is facing a similar charge, contact us today. The right legal strategy can make all the difference.