If you haven’t received a ticket for talking on your cell phone or texting, you likely don’t know much about it. This is generally the case until someone has been stopped and received a cell phone ticket. Talking on a hand-held cell phone or texting, while driving, is taken very seriously in New York. This is a distraction that many lawmakers in New York considered to be worse than drunk driving. Someone who is drunk can usually see the road; however, someone who is texting takes his or her eyes off the road. If even for a few seconds, such a distraction can result in loss of life. There is no denying that this is a serious offense. Contact your cell phone ticket lawyer Long Island today!
There are strict penalties and fines imposed upon those who are stopped for cell phone usage while operating a vehicle. In fact, newer drivers (often also younger) are treated more severely. First-time offenders can even find themselves with a 60-day suspension.
Long Island Cell Phone Ticketing
Some drivers think they can outsmart the police; however, they are on to these types of motorists. If you think you can still talk on your phone or perform talk-to-text without the police seeing you, think again. In New York, the State Police are now issued SUVs that enable them to look directly into a person’s vehicle while driving. This is one of the ways they are trying to discourage motorists from using their cell phones while driving. Since it is sometimes necessary to look at your phone, it is not always clear to the police that stopped you, why you looked at your cell phone. This is why you need someone like The Glass Law Group to represent you in court. We can explain and negotiate the terms of your violation on your behalf. Our lawyers in have established their presence with the Long Island, NY courts; which gives our clients some advantage.
New York State Law considers the following, illegal activity in addition to holding a portable electronic device:
Viewing, taking, or transmitting images
Talking on a handheld mobile telephone
Composing, sending, reading, accessing, browsing, transmitting, saving, or
Playing games
Retrieving electronic data such as e-mail, text messages, or webpages
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 NYS Driver Point System.
Fines for violations committed on or after November 1, 2014
| VIOLATION | MINIMUM | MAXIMUM |
|---|---|---|
| First offense | $50 | $200 |
| Second offense within 18 months | $50 | $250 |
| Third or subsequent offense within 18 months | $50 | $450 |
The surcharge for all violations can be up to $93.
Before July 26, 2013, the fines were:
| Cell phone violation | up to $100 |
| Texting violation | up to $100 |
The surcharge for violations that occurred before July 26th was up to $85.
Driver violation points
- For offenses committed between October 5, 2011, and May 31, 2013, this violation carries three driver violation points
- For offenses committed on or after June 1, 2013, this violation carries five driver violation points
- Penalties for probationary and junior drivers with a Class DJ or MJ driver license or learner permit
- Effective November 1, 2014, the first conviction of a cell phone use or texting violation will result in a suspension of the driver license or permit for 120 days.
- A second conviction within six months of the restoration of the license or permit (after the 120-day suspension is terminated) will result in
- A revocation of at least one year of a probationary license, or
- A revocation of at least one-year for a class DJ or MJ driver license or learner permit
Restrictions for Motor Carriers and Commercial Vehicle Drivers
- Effective October 28, 2013
- A motor carrier must not allow or require their drivers to use cell phones or texting devices while driving
- A mobile telephone used by a person who operates a commercial motor vehicle shall not be deemed a “hands-free mobile telephone” when the driver presses more than a single button to dial or answer the phone
- A commercial vehicle driver is not allowed to make a phone call or use a texting device while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays
- A commercial vehicle driver who holds a mobile telephone to, or in the immediate proximity of, his or her ear while the vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delays are also presumed to be engaged in a call
- A commercial vehicle driver who holds a portable electronic device in a conspicuous manner while the vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delays is presumed to be using the device
- For more information, see the Distracted Driving page at the Governor’s Traffic Safety Committee website.