Former Traffic Court Judge Serving New York and New Jersey

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Man ticketed for vaping

New Yorkers know all too well that area law enforcement have increased vigilance against speeding and other actions believed to be hazards to public safety. Traffic violations can result in high fines, increases in insurance costs and even state surcharges. For some people, the ability to fight a traffic ticket is difficult and without the proper help, they may end up with their driver’s license suspended if they do not receive the right help.

One man in Upstate New York may be wise to get such help after receiving what many believe to be an unusual ticket. Officially ticketed for using a cell phone while driving, the man was actually not doing that at all, according to a news report on the story. Instead, the driver was smoking an electronic cigarette. This is known as vaping. The article indicates that the officer utilized the law against handheld electronic devices as grounds for writing the traffic ticket.

However, in reviewing the law’s verbiage, the article further indicates that an electronic cigarette may not actually be included in the state law’s description of banned devices. No specific law against the use of electronic cigarettes while driving currently exists in New York. The article did not state how much the ticket would cost the defendant and whether or not the man is fighting it.

The above is just one example of how a small incident can grow and lead to bigger problems. It also illustrates the fact that not every ticket may be legitimate. Fighting a traffic ticket in New York can be successfully done and may be the best course of action depending upon the circumstances. When doing this, talking to an attorney can be a good way of getting the right help.

Source:, “Electronic cigarette lands man a traffic ticket in Upstate New  York,” Jeff Sherwood, March 20, 2014

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