Traffic Ticket Advice Request: VTL 1225-D (Cell Phone In Hand)
My mother was recently pulled over in New York and given a ticket: "VTL 1225-D: Operate Moving Motor Vehicle While Using Portable Electronic Device".
She works as an orderly transporting autistic people (patients?). One of the patients uses his phone in the van (he isn't allowed to), so she doesn't keep her own phone in the cup holder. Instead, she normally keeps it in the driver's door compartment, but in this particular van the phone repeatedly falls out.
She then placed the phone on her lap, but it started slipping off while she was driving. She picked it up to keep it from falling, and held in her hand with the steering wheel. She maintains that she never looked at the screen, touched the screen, texted, called anyone, or otherwise used the phone. The trooper observed the phone in her hand while the vehicle was moving and issued the ticket.
She also says the trooper told her something to the effect of, "I know you're not using your phone, but having it in your hand is enough." I understand that may ultimately come down to credibility unless it's on body camera footage.
There was also a coworker in the passenger seat who witnessed the incident and is willing to testify (only in writing, he is very busy, I guess) that she was only holding the phone because it was slipping and was not interacting with it.
We're trying to decide on the best course of action. Specifically:
Should we request a supporting deposition?
Is this the type of case that's generally worth fighting, or are we more likely to be better off trying to negotiate a plea to a lesser violation?
Any advice from people familiar with New York traffic court would be greatly appreciated.
Location: Dutchess County, New York