Cell Phone Ticket Defense

You got a ticket for being on your cell phone. You had the cell phone in your hand, you were dialing a number to place a call and you were driving. Are you guilty?

The short answer is probably not.

A decision from our Appellate Division states that the inoperable use of a cell phone does not include the activation, deactivation or initiation of a function. The opinion further states that activating or deactivating a function may include dialing and that dialing itself may involve the pressing of more than one (1) button.

So, if you do get a ticket for being on your cell phone, don't just plead guilty. At a minimum, get a free consult from a municipal specialist and see if you indeed violated the law because maybe you didn't.