You may not know all that you need to know about talking on a cell phone or texting violations in Nassau County but you can be sure that you’ll quickly find out if you receive a cell phone ticket. You don’t usually give it too much consideration until you experience a problem and have to call upon the services of The Glass Law Group. In New York, this type of driving violation is taken very seriously. It is considered a distraction that is far worse than drunk driving. The reason it is seen in this way is that with drunk drivers, they can still see the road; even in an impaired state. However, driving and taking your eyes off the road for a split second to check your cell phone or text, someone, back, is deliberate.
This is why there are such strict penalties and fines for a motorist that is stopped from using their cell phone while driving. In many cases, younger drivers experience more severe penalties and fines. In some cases, they may even receive a suspension of their license for up to 60-days.
Nassau County Cell Phone Tickets
There are those drivers who don’t see any harm in text-to-talk or talking without holding their phone in their hands. They try to do so in a manner that would not attract the attention of the police. However, since the New York State police are aware of this, they have started issuing SUV’s that will enable them to see into the vehicles that are on the roads. This sends motorist a strong message about driving while operating a vehicle and is meant to discourage them from doing so for fear of receiving a ticket.
Since there are occasions that call for you to actually glance at your phone, it isn’t always clear to the police officer that stopped you, as to why you had to look at your phone. This is just one of the reasons why you should rely on a traffic ticket attorney, such as the ones you’ll find at The Glass Law Group. They are able to negotiate the terms of your violation in court. Our clients have the advantage of our attorneys knowing the court system in Nassau County since they have an established presence in the various courts throughout New York.
In addition to holding your cell phone, in New York State, the following actions are considered illegal:
Talking on a handheld mobile telephone
Viewing, taking, or transmitting images
Retrieving electronic data such as e-mail, text messages, or webpages
Composing, sending, reading, accessing, browsing, transmitting, saving, or
Playing games
When you are using a cell phone or some other type of portable device while operating a vehicle (other than to call 911 or to contact an emergency response service), you may receive a traffic ticket and incur fines and surcharges.
If you are convicted of using your cell phone or operating any other type of portable device, this will also result in points on your record. Whenever you receive 11 points in an 18-month period, your license will 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 is 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.