Cell Phone Ticket Dismissed in Pembroke Town Court

A cell phone ticket is one of the easiest tickets to get in New York and one of the easiest to fight. A client of ours recently had a mobile phone violation dismissed in Pembroke Town Court, in Genesee County, after we filed a motion on their behalf. Here’s what happened, and what it means if you’re facing a similar charge.
What happened

Our client, an out-of-state driver, was ticketed under VTL § 1225-c(2)(a) — using a mobile phone while driving in the Town of Pembroke, Genesee County. Like most out-of-state drivers, our client didn’t want to make the drive back to Western New York for a court date, and a conviction would have meant points, a fine, and a mark on a license that’s already being watched by another state’s DMV.
We filed a motion challenging the ticket. On September 29, 2026, Pembroke Town Court granted it: the charge was dismissed.

What is a VTL § 1225-c mobile phone violation?
VTL § 1225-c makes it illegal to hold a mobile phone while driving; whether you’re talking, texting, or just holding it. A first offense typically carries:
• 5 points on your license
• A fine of up to $200 (higher for repeat offenses within 18 months)
• A surcharge
• Higher insurance premiums for years afterward
For a driver licensed out of state, a New York conviction is usually reported back to the home state’s DMV and can trigger the same insurance and licensing consequences there.

Why hire an attorney for a mobile phone ticket?
You may not have to appear at all. We handle these tickets for clients across New York and out of state, and in most cases we can appear on your behalf so you don’t have to travel back for a court date.
We look for what the ticket can’t support. Not every mobile phone ticket holds up. We review the facts which includes what the officer actually observed, how the stop was made, and whether the paperwork is in order, for grounds to move to dismiss, exactly as we did here.
We protect your license and your record. Whether that means a dismissal, a reduction, or a plea to a lesser violation, the goal is to keep points off your license and keep your insurance rates where they are.

Got a mobile phone ticket? Text a photo of your ticket to (516) 550-4441 for a free review and consultation to discuss your options and any defenses you may have.

The Law Office of Siara Ossa, PLLC 780 Long Beach Boulevard, Long Beach, NY 11561 · (516) 550-4441
Attorney Advertising. Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts and circumstances. This post is general information, not legal advice.