Judge Suppresses Evidence of New York DWI Refusal

Refusals Can Be Actions and Not Words

The Judge Suppressed the Defendant’s DWI Refusal 

to take a chemical Intoxilyzer Breath Test Based on Improper/Incomplete Refusal Warnings. 

Why? 

What Can We Learn from this New York DWI Refusal case?

Pennsylvania License with New York Cell Phone Ticket

What happens if you have a PA (Pennsylvania) Driver's License with a New York cell phone Ticket?

New York’s Vehicle and Traffic Law (VTL) contains two different sections related to use of ANY portable electronic devices while driving:

VTL 1225(c) Use of Mobile Telephone

VTL 1225(d) Use of Portable Electronic Devices (includes texting while driving)

A ticket for VTL 1225(c) is entirely different than a VTL 1225(d) ticket. 1225(c) is a cell phone ticket (“c” for cell phone) while 1225(d) is an electronic device ticket (“d” for device), more commonly known as a texting while driving ticket (even though it covers more than texting).

A 1225(c) ticket means the officer is claiming that the driver was engaged in a phone call at the time he observed him/her operating a car. For 1225(d) tickets, it is doesn’t matter whether the driver was making a phone call. A driver who is merely holding their phone, infers that they were texting or using an app (including GPS navigation) can be issued a 1225(d) ticket.

What many people don’t realize is that a 1225(d) ticket can also be given for devices other than phones. A GPS, iPad, phone camera, or other hand-held electronic device also counts under the 1225(d) law.

Will the points transfer back to PA?

Will my car insurance go up?

Will this appear on my PA driving record (abstract)?