Why did I get a 1225D ticket when I was talking on my cellphone on speaker phone?

UPDATED: Oct 2, 2022

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Why did I get a 1225D ticket when I was talking on my cellphone on speaker phone?

I was given a 1225D 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 phone. 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.

Asked on September 28, 2019 under General Practice, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

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.

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