Is a cell phone ticket in NY worth fighting?
Usually, yes. A cell phone ticket in NY carries 5 points, the same as reckless driving, and two of them inside 18 months add up to 10, one point short of the level where the DMV can suspend a license. Add a single point to one phone ticket and you reach the 6 points that trigger the Driver Responsibility Assessment. Before you pay, it is worth knowing which section you were charged under, what the officer says he saw, and whether that fits the way the statute defines “using.”
VTL 1225-c vs. VTL 1225-d: Which One Is on Your Ticket?
New York has two separate phone laws, and they are written differently.
VTL 1225-c covers talking on a handheld mobile phone. It bans engaging in a call on a mobile telephone while driving a vehicle in motion on a public highway, and it defines “using” as holding the phone to, or in the immediate proximity of, your ear. Calls on a hands-free phone are expressly outside it.
VTL 1225-d is the texting and screen law, and its reach is wider. It covers a “portable electronic device,” which the statute defines to include handheld phones, PDAs, laptops, pagers, electronic games and any other device used to input, write, send, receive or read text. “Using” means holding the device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication, reading, composing, sending or browsing email, texts, instant messages or web pages. That is why a texting while driving ticket in New York can be written for a driver who was never typing at all; scrolling or looking at a photo while holding the phone fits the definition.
The Presumption That Does the Work
Each statute gives the officer a shortcut. Under 1225-c, a driver seen holding a phone to or near the ear while the car is moving is presumed to be on a call. Under 1225-d, a driver who holds a portable electronic device in a conspicuous manner while operating the vehicle is presumed to be using it.
Neither presumption is the end of the case. Both statutes say it can be rebutted: under 1225-c by evidence that no call was taking place, under 1225-d by evidence that you were not using the device as the section defines it. In practice the whole ticket often comes down to what the officer could actually see, from where, for how long, and through which window. A glimpse from a moving patrol car at night is a different observation from a long, clear look by an officer driving alongside you in daylight. That is why the stop itself, and the officer’s account of it, matter so much in these cases.
The Legal Exceptions
The emergency exception is the same in both sections. You may use the phone for the sole purpose of contacting an emergency response operator, a hospital, a physician’s office or health clinic, an ambulance company, or a fire or police department about an emergency. Police officers, peace officers, firefighters and drivers of authorized emergency vehicles are also exempt while on duty.
What a Cell Phone Ticket Costs in New York
Both statutes set the same fines. A first offense is $50 to $200. A second within 18 months is $50 to $250, and a third or later within 18 months is $50 to $450. The DMV adds that the surcharge on these violations can be up to $93.
The points are the larger cost. Handheld phone use and texting are each 5 points. Six points within 18 months brings the DMV’s Driver Responsibility Assessment, billed every year for three years, and 11 points within 24 months can lead to a suspension.
Ignoring the ticket is worse: the DMV suspends your license for failing to answer. Our page on suspended licenses explains how to clear that.
Junior Drivers and Probationary Licenses
Young drivers face the harshest result. The DMV says a junior driver with a Class DJ or MJ license or learner permit who is convicted of a first cell phone or texting violation loses the license or permit for 120 days. A second conviction within six months after it is restored brings a revocation of at least one year.
Newly licensed drivers on probation are also exposed: the DMV lists mobile phone and portable device convictions among the offenses that suspend a probationary license.
Commercial Drivers and the Federal Rule
If you drive a truck or bus, the rules tighten in two ways. New York’s own statutes apply to a commercial vehicle even while it is temporarily stopped in traffic or at a light, and for a commercial driver a phone that takes more than one button press to dial or answer is not hands-free. The exception is a commercial vehicle stopped at the side of, or off, the highway where stopping is allowed.
Federal rules say the same thing. 49 CFR 392.80 bars texting while driving a commercial motor vehicle, and 49 CFR 392.82 bars using a handheld mobile phone, both including temporary stops for traffic and both with an exception for contacting law enforcement or emergency services. Under 49 CFR 383.51, a state texting or handheld phone conviction while driving a commercial vehicle is a serious traffic violation. A second serious violation within three years disqualifies a CDL holder from driving a commercial vehicle for 60 days, and a third for 120 days. Our commercial and trucking tickets page covers CDL defense in more depth.
Where Your Phone Ticket Is Heard
If you were stopped in one of the five boroughs, the ticket goes to the DMV Traffic Violations Bureau. There, an Administrative Law Judge hears the officer’s testimony and decides guilty or not guilty. Outside New York City, the case is returnable to the local court named on the ticket, where a reduction can be negotiated with the prosecutor. Our older NYC cell phone ticket page has more on city tickets, and fight your ticket explains the general process.
How We Handle Cell Phone Tickets
The Law Offices of Isaac Abraham defends drivers with phone and texting tickets returnable to the DMV Traffic Violations Bureau and to courts across New York State. We look at which section was charged, what the officer wrote down about the observation, and what your record and license type put at stake. For most of these tickets we appear for you, so you do not have to take a day off for court. If anything in your case does need you there, we say so well ahead of time. New York drivers have given us more than 2,100 five-star reviews.
Frequently Asked Questions
How many points is a cell phone ticket in NY?
Five. Handheld phone use under VTL 1225-c and texting or device use under VTL 1225-d are each 5 points on your New York driving record.
Can I get a ticket for using GPS on my phone?
The statutes turn on holding. Under 1225-d, using means holding a device while viewing images or doing one of the other listed things. A phone you are holding and looking at can therefore draw a ticket, and holding it conspicuously is presumed to be use unless you rebut it.
Is it legal to talk on a hands-free phone while driving in New York?
Yes. VTL 1225-c exempts hands-free calls, though for commercial drivers a phone needing more than one button press to dial or answer is not hands-free.
I have a junior license. What happens if I plead guilty?
The DMV says a first cell phone or texting conviction suspends a junior license or learner permit for 120 days, and a second one soon after restoration can mean revocation.
What is the fine for texting while driving in New York?
The statute sets $50 to $200 for a first offense, up to $250 for a second within 18 months, and up to $450 for a third, plus a surcharge the DMV says can be up to $93.
Free Case Review
Send us a photo of your ticket and tell us your license type, and we will explain what this charge could cost you and what can be done about it. Call or text 646-397-9529, or use the form on this page, at no cost.