Why did I get a ticket if I was talking on my cellphone using the speaker?
Question Details: I was given a violation for using a cell phone while driving. I was not texting or using an app; I was talking on my cell phone on speaker. The person was having trouble hearing me, so I did hold the phone closer to my chin. Can I fight this charge? Also, of note, I just moved to NY and was also unaware it was illegal to talk on a cell phone while driving.
1) As you write, you were holding the phone: holding it closer to your chin. Therefore, you were using a hand-held phone while driving, in violation of the law.
2) Ignorance of the law is not defense: you can be charged even if you were unaware of that law.
Rate This Answer:
Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.