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New York was the first state to enact distracted driving laws that included penalties for using cell phones. Since their inception in 2001, the penalties have increased significantly. In 2011, the points penalties rose from two to three. In 2013, they rose again from three to five. The laws have also expanded to cover a wider variety of violations with greater restrictions.
As the penalties for distracted driving cell phone tickets continue to increase, so too does the need to fight those tickets. When a single conviction is all it takes to devastate your finances, hiring a lawyer can be the best move to make.
Cell Phone Ticket Laws in New York
As cell phones became more common, so did the number of cell-phone-related tickets. Between 2005 and 2011, data from the Department of Motor Vehicles (DMV) showed that the number of distracted driving tickets issued for cell phone use increased by 143%. Then the next year the number of tickets increased by another 234%.
The more common these tickets became, the more money the state brought in from issuing them. Fortunately, fines have not increased over the years. Unfortunately, non-monetary penalties have. When the law first went into effect in 2001, these tickets were only worth two points. Now, they are worth five.
There are two kinds of distracted driving charges related to cell phones: NYS VTL §1225-C and NYS VTL §1225-D.
“NYS VTL” stands for “New York State Vehicle and Traffic Law,” which covers over a thousand different ways to get a traffic ticket in New York state. The “§” symbol means “section,” or the particular section of the VTL that covers a piece of the law.
NY VTL §1225-C: Prohibition Against Using a Cell Phone To Engage in a Call
This section of the VTL explicitly states that “holding a mobile telephone to, or in the immediate proximity of, the user’s ear” is punishable as a traffic infraction with additional penalties. This section of the law also lists further restrictions on the use of “mobile telephones” in commercial vehicles.
The law requires that these be either hand-held devices or (in the case of commercial vehicles) devices that require you to leave the seat of the vehicle or otherwise not be restrained by the seat belt in a proper position. That means using hands-free devices such as speaker phone and voice activation can help to prevent you from getting a ticket for distracted driving.
NY VTL §1225-D: Prohibition Against Using a Cell Phone To Send or Receive Text Messages
It is illegal to use a cell phone or other electronic device to send text messages while the vehicle is in motion. If you are not driving a commercial vehicle, you can send text messages while temporarily stopped at a red light, stop sign, or other signage.
If you are driving a commercial vehicle, you cannot send text messages at all, even when temporarily stopped at a sign or stop light. Instead, you will have to be entirely pulled over and parked before legally regaining your right to use your phone.
Permissible Versus Impermissible Behavior With a Cell Phone
There are good ways and bad ways to do just about anything. The below table lists good and bad ways of doing the same thing from the law’s perspective:
| Permissible | Impermissible |
| Using your phone to text while temporarily stopped in a non-commercial vehicle. | Using your phone to text while your vehicle is in motion. |
| Making a phone call on a hands-free device such as speaker phone or voice activation. | Using a bluetooth earpiece or holding your phone in your hand. |
| Holding your phone to call 911 while the vehicle is in motion. | Holding your phone to call anybody else while your vehicle is in motion. |
What Are the Penalties for Cell Phone and Texting Tickets in New York?
The penalties for distracted driving in New York can be quite severe. Depending on how many violations of which you’ve been convicted in the past, you could be paying up to $450 in fines. On top of that, you can end up paying either $88 or $93 in surcharges. And let’s not forget about the 19.6% insurance increase, which can cost roughly another $1,000 over three years.
As if the monetary penalties weren’t enough, you’ll also receive five points on your license. Those points count toward the possible suspension or revocation of your driver license. If you’ve already gotten a speeding ticket in the past, for example, you could end up without a license for a couple months.
Tips for Fighting a New York Cell Phone Ticket on Your Own
There are plenty of ways to fight a New York cell phone ticket. The best way is to hire a lawyer. If you don’t want to take the best path, though, there are a couple other ways to fight your ticket.
Use a Dash Cam
Using a dash cam can prove that your vehicle was stopped at the time the violation occurred. That can be enough evidence to prove that you did not commit a violation of either §1225-C or §1225-D.
Provide Proof That You Were Not Using Your Phone
Cell phone company records that show you were not using your phone to make a call or send messages at the time of the violation could be enough evidence to prove that you are not guilty of committing the violation.
Show That Your Vehicle Was Stopped at the Time the Violation Occurred
Dash cams are one way to prove that your vehicle was stopped at the time the violation occurred, but there are other ways to do so, too. One such way is by using security camera footage from a separate location to prove that your vehicle was not in motion.
Data on NYC Cell Phone Tickets
Between 2014 and 2017, New York state police officers issued 515,308 tickets for distracted driving related to mobile devices. Each of these tickets cost drivers at least $50, which means that drivers in the state lost over $25 million. Assuming even one fifth of those were repeat offenders, the real price would be almost $70 million.
If mobile device statistics from the past have shown us anything, it’s that more and more people are getting cell phones each year. In other words, you can expect the state’s total revenue from these tickets to continue to increase.
How Can a Lawyer Help You Fight a Cell Phone Ticket?
Assuming you don’t feel like paying over a thousand dollars in financial penalties for a single ticket, you’re going to want to fight it. The first step in doing so is to hire a lawyer. Lawyers are traffic ticket experts capable of going toe-to-toe with judges and prosecutors to get your the best possible result.
Lawyers tend to have established friendships in their local courthouses, which helps them to broker better deals for their clients. Unfortunately, there isn’t the opportunity to plea these tickets down to lesser offences. But, with a lawyer, your chances of getting your ticket entirely dismissed are far greater than they would be were you to go it alone.
So what are you waiting for? Download the WinIt app and get started fighting your tickets today.
