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Cell Phone Violations (VTL 1225.C)
Initially cell phone violations in New York did not carry any points. In time, legislation was passed that made it a 2 point infraction. On October 5, 2011 it was raised to a 3 point infraction and on June 1, 2013 cell phone violations became 5 point infractions.
In New York you are not permitted to use a hand held telephone while driving unless you are using a hands free device. The law allows for an exception when calling 911, calling the police, calling fire personnel, or calling medical personal regarding an emergency.
In addition to the 5 points that a conviction for using a cell phone while driving without a hands free device carries, there is also a minimum fine of $50 with a maximum fine of $150 for first time offenders. A second conviction for a cell phone violation within 18 months carries a fine of up to $200, and a conviction for a third cell phone violation within 18 months carries a maximum fine of $400. The court will also impose a surcharge presently of either $88 or $93 depending on the court.
Those who receive a cell phone violation while possessing a probationary license, a junior driver’s license with a class DJ or MJ or a learner’s permit face additional penalties upon conviction. A conviction to a cell phone violation with any of these types of licenses or a learner’s permit will result in a driver’s license suspension, or learners permit suspension for 60 days for the first offense. A second conviction within 6 months will result in a revocation of at least 6 months for a probationary license and a 60 day suspension for a Class DJ or MJ driver’s license or learner’s permit.
New York law imposes stricter penalties when it comes to cell phone convictions for those who receive the ticket while operating a commercial motor vehicle with a CDL license. A conviction for a cell phone violation or portable electronic device in this situation can lead to a 1 year revocation of your, consequently, it is important to consult with an attorney.
NO ONE SHOULD EVER PLEAD GUILTY TO A NASSAU COUNTY CELL PHONE TICKET
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
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