Cellphone Use & Texting While Driving

Driving while speaking on the cellphone and texting while driving carry severe penalties in New York State.

If you are convicted of either charge, the infraction carries five (5) points plus a fine.

As per the New York State Department of Motor Vehicles website

“Under New York State law you cannot use a hand-held mobile telephone or portable electronic device while you drive. Illegal activity includes holding a portable electronic device and

  • talking on a handheld mobile telephone
  • composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages
  • viewing, taking, or transmitting images, playing games.

If you use a portable electronic device while you drive (except to call 911 or to contact medical, fire or police personnel about an emergency), you can receive a traffic ticket and be subject to a fine and a surcharge.

Conviction of a cell phone use, portable electronic device use or a texting violation will also result in points being added to your DMV driving record.  If you receive 11 points in an 18 month period, your driver license may be suspended.  To learn more, see About the NY State Driver Point System.”

Fines for violations committed between 7/26/2013 and 10/31/2014

Fines for violations committed between 7/26/2013 and 10/31/2014 

VIOLATION MINIMUM MAXIMUM
First offense $50 $150
Second offense within 18 months $50 $200
Third or subsequent offense within 18 months $50 $400

The surcharge for all violations can be up to $93.

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Karen A. Friedman represents clients throughout New York State. She represents motorists in New York City, Clinton, Yonkers and Manhattan. She also represents people throughout The Hudson Valley, Westchester County, Putnam County, Dutchess County, Orange County, Greene County, Columbia County and Rockland County.