How Much Is A Cell Phone Ticket

What Is the Cost of a Cell Phone Ticket in New York?

Fines: A confidence for a cell phone ticket in New York Land costs $l to $150 for a first offense. A second offense in 18 months costs between $50 and $200. A third offense in 18 months tin can cost between $l and $450.

Surcharges: All prison cell telephone/texting tickets in New York include a $88 or $93 surcharge depending on where the driver was ticketed. This is in addition to the fine.

Driver Responsibility Assessment Fee (DRA): Drivers who accrue half dozen or more points in 18 months as a issue of traffic convictions will be required to pay an additional fine known every bit the Driver Responsibleness Assessment fee (DRA). This penalty costs $300 plus $75 for each indicate later on six. This fee is paid to DMV and is divide from and in addition to the state surcharges and fines associated with the ticket.

Points: Drivers convicted of a cell phone or texting violation in New York will have v points assessed on their license per violation .

Auto insurance premium increase: Insurance companies periodically pull the driving records of their customers and can increase rates when new convictions appear. Jail cell phone/texting tickets are high-point tickets, and insurance companies do not take them lightly. One study showed a single jail cell phone ticket tin crusade a charge per unit increase of 20 percent.

a single cell phone ticket can cause insurance increase of 20% or more

Detect: A single cell phone ticket carries 5 points, which is well-nigh one-half the amount needed to take i's license suspended.

Types of Cell Phone Tickets

New York'southward Vehicle and Traffic Law (VTL) contains two distinct laws related to utilize of portable electronic devices while driving:

VTL 1225(c) Use of Mobile Telephone
VTL 1225(d) Use of Portable Electronic Devices (includes texting while driving)

A ticket for VTL 1225(c) is entirely different from a VTL 1225(d) ticket: 1225(c) is a jail cell phone ticket ("c" for jail cell telephone) while 1225(d) is an electronic device ticket ("d" for device), more than commonly known as a texting while driving ticket (fifty-fifty though information technology covers more than texting).

A 1225(c) ticket means the officer is claiming that the driver was engaged in a phone call at the time he observed him/her. For 1225(d) tickets, it is irrelevant whether the driver was making a phone call. A driver who is belongings their telephone while texting or using an app (including GPS navigation) can be issued a 1225(d) ticket.

What many people don't realize is that a 1225(d) ticket can likewise be given for devices other than phones. A portable GPS system (i.e. Garmin), MP3 thespian, iPad, camera, or other paw-held electronic device also counts under the 1225(d) law.

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Hiring an Attorney to Fight a New York Jail cell Phone Ticket

Betwixt fines, surcharges, and insurance increases, a confidence for a cell phone or texting ticket in New York can toll hundreds and even thousands of dollars. That's why hiring a lawyer to get the ticket reduced or dismissed will undoubtedly save you coin. In many jurisdictions, an attorney tin reduce a prison cell telephone or texting ticket to a non-moving violation such every bit a parking ticket or plea it downward to a lesser-point ticket such equally disobeyed traffic control device (a two-point violation). This tin reduce or eliminate the touch on on one'south driving record and insurance rates. While plea bargains (point reduction via negotiation) are not allowed in New York City, they are permitted in all other New York courts. Read our guide to Fighting a NYC Cell Telephone Ticket here.

Drivers who hire a lawyer can remainder easy. Once hired, a lawyer tin accept over the instance, doing all the enquiry and paperwork, equally well as announced in court on the driver's behalf.

Other Types of Distracted Driving

Using a cell phone while driving is just i of many forms of distracted driving. Other forms of distracted driving are:

Eating and drinking
Personal preparation
Adjusting the navigation or other systems
Disposed to others in the vehicle

Using a prison cell phone or texting while driving are unique in that they are the only forms of distracted driving that are divers as separate ceremonious offenses punishable regardless of whether or not the offending driver causes injury to another. Virtually every other form of distracted driving is punished just when the driver's inattention to the road causes another's injuries, in which case the punishment usually involves holding the distracted driver liable for the resulting damage.

Fighting a Cell Telephone Ticket in NYC vs. Other Locations

The first difference between fighting a cell phone ticket issued in New York City versus i issued in a different location is this: a New York City cell phone ticket will be fought in an authoritative proceeding at the Traffic Violations Bureau (a sectionalisation of the NYS Department of Motor Vehicles), while a cell phone ticket issued in a different location in New York will exist fought in courtroom.

Did you
know?

"Officers rarely give out texting or jail cell phone tickets unless they have clear visual bear witness that the phone was in the hand of the driver. "

Every bit ane of the busiest cities in the world, New York City sees an incredible volume of traffic tickets issued. To avoid beingness overwhelmed by this increased volume, the New York DMV established the Traffic Violations Bureau, or "TVB." The TVB handles traffic tickets issued in the 5 boroughs of New York City. Tickets issued elsewhere in New York are handled primarily by the courts. Nonetheless, regardless of where in New York a traffic ticket is issued, it arises from New York's Vehicle and Traffic Law. What does all this mean for drivers hoping to fight a cell phone ticket?

Whether one's cell phone ticket is fought in a TVB hearing or in court tin take huge implications for their case. Ane reason is that the burden of proof is much lower in a TVB hearing than in a court of police force. This means information technology takes less bear witness to convict someone of a cell phone violation in a TVB hearing than in a court of law. A TVB hearing besides has no opportunity for plea bargaining, which is when ane pleads guilty to a less severe offense than what they were charged with in exchange for bottom penalties. This is in stark contrast to when a traffic ticket is handled in court, in which instance plea bargaining is possible.

When a traffic ticket is issued in New York Urban center, the stakes are even college, making information technology even more vital to contact an experienced attorney to ensure the very best possible outcome.

NYC (TVB) conviction rate for cell phone tickets

Prison cell Phone Tickets Given to Junior Drivers

Junior drivers are subject to stricter penalties for using a jail cell phone or texting while driving. A starting time violation of New York's cell phone driving laws by a commuter with a Grade DJ or MJ driver license or learner let results in suspension of the driver'due south license or learner permit for 120 days. If convicted a second time within vi months of their license being restored after a start conviction, their license will be revoked for at least one year.

Cell Phone Tickets Given to CDL Drivers

Commercial drivers are also subject to much tighter regulations for cell phone use while driving. Commercial truck driving regulations are twofold. Commercial truck drivers are subject to state-level regulations, which are simply the ordinary traffic laws, and federal regulation past the Federal Motor Carrier Rubber Assistants (FMCSA).

I way in which New York's state law treats commercial truck drivers differently in the cell telephone ticket context is that unlike ordinary drivers, commercial drivers are not permitted to use their mobile devices while their vehicles are temporarily stationary because of traffic, a traffic low-cal, or other momentary delays. New York law farther provides that for CDL drivers, a mobile phone is no longer a easily-free device when the driver presses more than one push to dial or answer the phone. CDL drivers are also deemed to be using their mobile telephones when they are

"...holding a mobile phone to, or in the firsthand proximity of, the user's ear, or dialing or answering a mobile telephone by pressing more than a single button, or reaching for a mobile telephone in a manner that requires such person to maneuver so that he or she is no longer in a seated driving position."

whereas non-CDL drivers are merely using their mobile telephones within the meaning of the police when they hold the phone to their ear.

Unlike ordinary drivers, commercial drivers are not permitted to apply their mobile devices while their vehicles are temporarily stationary because of traffic, a traffic light, or other momentary delays.

FMCSA regulations of prison cell phone use while driving mostly mirror New York'due south policies. 1 divergence is the penalties for cell phone use while driving. While on the state constabulary level, CDL drivers are subject to the same penalties as not-commercial drivers for a cell phone ticket, the FMCSA imposes boosted penalties, including:

A civil penalty not to exceed $5,833
If a second cell phone ticket conviction occurs within a iii-year period of the offset conviction, then disqualification from driving a commercial vehicle for 60 days
If a tertiary or subsequent cell phone ticket conviction occurs within a iii-year period of prior convictions, and then disqualification from driving a commercial vehicle for 120 days

Are There Any Exceptions to the Police force?

New York'southward cell telephone ticket laws accept a multitude of built-in exceptions providing circumstances where prison cell phone use or texting while driving are permissible. These exceptions include the post-obit:

Engaging in a call does non include holding a mobile phone to activate, deactivate or initiate a part of such telephone
Commercial drivers are not operating a commercial motor vehicle while talking on the phone or while operating a portable electronic device when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by constabulary
The use of a mobile phone for the sole purpose of communicating with any of the post-obit regarding an emergency situation:
- an emergency response operator
- a hospital, doctor's role, or health clinic
- an ambulance visitor or corps
- a fire department, commune, or company
- a police section
The use of a mobile telephone by the post-obit persons while in the performance of their official duties:
- a constabulary officeholder or peace officer
- a member of a fire section, district, or company
- the operator of an authorized emergency vehicle
The use of a hands-free mobile telephone

Important: A person tin can legally use a jail cell phone while driving in emergency situations to communicate with a hospital, the burn department, or the constabulary.

Out-of-State Drivers

Drivers licensed outside New York sometimes mistakenly believe they tin can ignore a New York cell phone or texting ticket. This would exist a huge fault. New York State tin can append someone's correct to drive within its borders for failing to answer to or pay a cell phone/texting ticket issued hither. Unfortunately, a driver who pays a New York cell phone or texting ticket may still take to deal with points, insurance increases and fines associated with a conviction. New York is also likely to inform the home state of a driver of any convictions, which means those convictions are almost assured to terminate up on a person'southward driving record and can therefore impact their machine insurance

Each state handles a New York traffic ticket conviction differently. Read more here

New Bailiwick of jersey

The New Jersey Motor Vehicle Committee normally assesses ii points on a New Jersey license post-obit a moving violation conviction in New York. In the case of cell phone or texting tickets, New Jersey does not assess points until the 3rd conviction. These points count towards suspension of both New York and New Bailiwick of jersey driving privileges. Read More

Connecticut

Drivers from Connecticut will not receive points from the Connecticut DMV following a prison cell telephone or texting conviction in New York. However, the five points New York assigns to the violation will be noted past the New York DMV and can still result in a suspension of driving privileges in New York. Read More than

Florida

The Sunshine State volition assess points for out-of-state convictions. In Florida, talking on a cell phone is not considered an offense simply texting while driving is. Thus, a Florida driver bedevilled of texting in New York will go half dozen points on their license. Read More than

Other states – Drivers licensed in whatever of the other 50 states and D.C. can detect more than data about New York speeding tickets by visiting our out-of-country license page .

How to Fight a New York Prison cell Phone/Texting Ticket

There are several strategies that can be used to fight a jail cell phone or texting ticket - some more effective than others:

Take the Cell Phone/Texting Ticket to Trial and Be Found "Not Guilty" past the Judge.Every driver has the right to due procedure. But taking a cell phone or texting ticket to trial is risky—a driver who is found guilty at trial volition come across the conviction on their driving record and have v points assessed against his/her license. This can be a long shot. If the facts are unclear, the guess will almost side with the officer by default. This is why if your instance is likely to finish up going to trial yous demand an experienced lawyer who knows how to navigate the playing field.
Schedule for Trial and Hope the Officer Doesn't Testify.Many drivers believe that if the officeholder does not appear for the trial, the estimate will dismiss the instance. While a driver tin can ask the judge to dismiss the example, information technology is far more likely he/she will only reschedule the trial for a different appointment. And if they do bear witness up eventually (the more likely scenario) there's a proficient chance you will exist convicted, peculiarly if you don't know what y'all're doing.
Make a Motion to Dismiss the Cell Telephone/Texting Ticket.This is a adept choice if there are valid grounds for a dismissal. For example, depending on the jurisdiction in that location is certain information that, if missing or erroneous, would invalidate the ticket. To see whether or not your ticket tin be dismissed on technical grounds information technology is best to accept it reviewed by an experienced attorney.
Have an Attorney Negotiate a Reduction of the Cell Phone/Texting Ticket.Information technology is usually possible for a skilled attorney to negotiate the ticket down to a lower crime. In this case, the driver would pay a fine but receive less points. A reduced charge is less likely to impact ane's insurance premiums (saving hundreds of dollars in the long run) and mitigate or eliminate the chance of a suspended license.

Central Takeaways

New York Urban center has some of the highest conviction rates for cell phone/texting tickets in the state.
Even if someone doesn't alive in New York State, a New York jail cell telephone ticket tin can still appear on his/her driving tape.
An out-of-country driver convicted of a New York cell phone ticket may nevertheless take points assessed on his or her license, depending on what country they are licensed in.
Failing or refusing to pay a New York prison cell phone ticket can result in an out-of-state driver having his/her license suspended past their dwelling house state.

For more information

How to Beat a Jail cell Phone Ticket in New York
Five Winning Arguments For Fighting a Cell Telephone Ticket in New York § 1225(d)
5 Winning Arguments For Fighting a Cell Telephone Ticket in New York § 1225(c)
New York Cell Phone & Texting Ticket Data

Common Questions

How Long Does a Cell Telephone or Texting Ticket Stay on Your Driving Record?

A cell phone or texting violation will stay on one's driving tape until January 1 of the fourth year following the date of conviction. The 5 points associated with the ticket volition count towards ane's signal full for 18 months from the date of the violation.

For instance, if a cell phone ticket is issued in December 2017 and the driver is bedevilled in court in March 2018, then the points will count until June 2019 and the conviction will remain on the record until January 2022.
Is Talking on Speakerphone a Prison cell Telephone Violation in New York?

A motorist who talking via speakerphone just still has the phone in mitt tin yet be ticketed for a cell telephone violation. Officers will not typically stop a motorist if he or she believes a person is talking on a hands-free speakerphone, equally this is fully legal.
Tin can I Hold an Electronic Device Other Than a Cell Phone While Driving?

NYS VTL 1225(d) makes it illegal to use whatever electronic device while driving. This includes a GPS, iPad, or camera. For GPS systems (or phones with GPS apps), the exception is if they are mounted in the vehicle and not held in the driver'south paw.
Is It Legal to Drive with Earbuds in My Ears?

New York'due south cell phone and texting laws exercise non cover earphone apply. However, a separate statute—VTL 375-24-a—makes it expressly illegal for a commuter (or cyclist) to have two earphones plugged in. This a no-point violation with a maximum fine of $150, but is avoidable by keeping at to the lowest degree one ear free to able to hear traffic noises while driving.
Is it Legal to Use Your Cell Phone at a Red Light or Finish Sign in New York?

The statute for jail cell phone use and texting explicitly states that the vehicle must be in motion to plant a violation. Still, it is mostly accepted that the vehicle is considered "in motility" when it is being operated which includes being stopped at a stoplight or end sign.

Data on New York Cell Phone/Texting Tickets

With traffic reduced throughout much of 2021, New York police enforcement officers handed out nigh equally many cell phone and texting tickets equally in previous years. Drivers received 35,017 tickets for cell phone violations and 63,003 tickets for texting while driving, for a full of 98,020 citations. By comparison, drivers received 180,265 such tickets in 2019 and 197,593 in 2018.

Police in New York Urban center still issued the most cell phone/texting tickets. Long Island led the state, with 16,862 such tickets handed out, followed by Queens and Manhattan. Outside of NYC and Long Isle.

2020 data on texting and jail cell phone tickets in New York

Not surprisingly, the NYPD issued almost 52% of all cell phone tickets and 64% of texting while driving tickets in 2020. This is a slightly smaller percentage than in contempo years. By contrast, State Troopers have increased their share of cell phone/texting tickets, writing 18% of texting and more than than xix% of jail cell telephone tickets last yr.