Pulled Over and Issued Secondary Offense Citation

My question involves a traffic ticket from the state of: New York.

Yesterday, I had taken my mother to visit a friend in new york. I had barely gotten out of the tunnel, I believe I was on 40th st, and got stuck in traffic. As I was sitting in traffic, I took my car out of gear because I wasn't going anywhere, and picked up my phone to check the address we were going to. About 10 seconds later, my window is being knocked on by a cop. I have my cellphone in both of my hands when he is STANDING at my window. He tells me its illegal to text in ny, and tells me to pull off to the side. He doesn't give me a chance to say anything. I'm from PA, I know nothing about the texting law, which I abliged to the rest of the day, btw because now I knew. Anyway, he was mean, and rude, and handed me a citation. I find out later, that this is a secondary offense, and he couldn't pull me over for it. Of course, I'm from out of state, so I have no idea what the texting laws are in ny. Where I live, its not illegal. He didn't inform me of any other reason he was pulling me over. My mom withessed the whole thing. I plan on fighting it, anyone know what my chances are? I have no problem taking responsibility for what I did wrong, but he could of given me a warning, though legally, if I'm understanding this, he didn't have a right to issue me the citation in the first place. Advice?

It is possible that, if you contest the ticket, the officer will articulate at a hearing the conduct or issue that drew his attention to your vehicle apart from your texting while driving. You didn't share the cited statute with us, so we also have to consider the possibility that you were cited for using your cell phone while driving (i.e., talking on it) as opposed to texting; what statute were is listed on the citation?

6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred fifty dollars. Provided, however, that a summons for operating a motor vehicle in violation of this section shall only be issued when there is reasonable cause to believe that the person operating such motor vehicle has committed a violation of the laws of this state other than a violation of this section.

This is part of the violation statute I believe I'm being cited for, I think he picked the 1225c2a bubble.

The only issue I think I'm goin to have an issue with, is the fact that I was already stopped in traffic. My friend said this might be a conflict because he observed me texting while I was already stopped. However, my car was out of gear, thus I wasn't really drivin anywhere, because I wasn't moving in traffic.

thats not a texting offense ... its not using a hands free device while on the phone ... can you prove no phone call was made & that it was a text on your bill? Then you will win, if not, you'll lose