Due to their sheer size and weight, driving a motor vehicle carries with it an inherent risk; if you are involved in a collision, the risk of injury or even death is higher. That’s why there are so many laws intended to help prevent motor vehicle accidents from occurring in the first place. Under New York state law, it is illegal to engage with electronic devices while operating a motor vehicle. This includes not only text messaging on your cell phone, but also for using a tablet, computer, GPS device (hand-held), digital camera, or another portable electronic device.
The basic elements of a cell phone/device ticket are as follows:
- The person was the operator or driver of the vehicle;
- He or she had a cell phone or electronic device in their hand that they were using; and
- The vehicle was in motion (commercial vehicles don’t need to be in motion).
Cell Phone and Electronic Device Violations
If you violate New York state law and are convicted of using an electronic device while operating a motor vehicle, you will receive five points on your license. If you only have a driver’s permit at the time or if you are a junior driver, the consequences will be more severe. If it is your first offense, it will likely result in a 120-day suspension. If it is your second conviction within six months after getting your license back, it will be revoked for at least one year. Additionally, for a first offense you will be fined between $50 and $200 and if it is your second offense within a year and a half of the first, you will be fined up to $250. A third offense can cost you a fine of up to $450. Additionally, each violation carries a surcharge of up to $93.
Every time you are convicted of using a cell phone or portable electronic device while driving, you will receive more points to your license. If you receive 11 points within an 18-month period of time, you may have your license suspended.
NYC Traffic Tickets
Tickets that are issued within New York City require you to deal with the Traffic Violations Bureau, a part of the state Department of Motor Vehicles. It’s important to note that if you receive a cell phone or portable electronic device ticket in any of New York City’s five boroughs, you will face much stricter circ*mstances because:
- Judges in the Traffic Violations Bureau only require clear and convincing evidence rather than that beyond a reasonable doubt;
- Drivers charged with cell phone/texting tickets cannot negotiate a plea bargain – they must go to court; and
- The Traffic Violations Bureau may allow the admission of hearsay (oral or written statements made by a person besides the testifying witness.
It’s important to note that cell phone and handheld electronic device laws apply to commercial vehicles as well.
Fighting an Electronic Device Ticket
A conviction for using an electronic device while driving can end up costing you hundreds – if not thousands – of dollars, points on your license, and even a suspension or revocation, which can impact your ability to get to work and make money. Having the ticket dismissed can save you a lot of money. Just because you have received a cell phone or device ticket, it doesn’t mean that you are guilty You have the right to fight your ticket. While this can be difficult, a qualified New York traffic attorney can help.
AutoTrafficTickets.com Helps Those in New York Who Have Been Issued a Traffic Ticket
If you have received a traffic ticket in New York, it can have very serious consequences on your ability to drive and subsequently on your ability to make money. That’s why it’s in your best interest to consult with a knowledgeable and experienced New York traffic ticket attorney. A knowledgeable and experienced traffic ticket attorney understands the pertinent laws and can help you to establish the best argument to defend yourself. AutoTrafficTickets.com can help. To learn more or to schedule a consultation, contact us today!
Posted in: Electronic Device Ticket
FAQs
Fighting an Electronic Device Ticket
Is it worth fighting a cell phone ticket in NY? ›
A cell phone violation has significant ramifications - 5 points, a high fine and a likely increase in your insurance premium. It would be in your best interest to hire an experienced attorney to defend your charges.
Is it worth it to fight a traffic ticket in NYC? ›
Fighting a traffic ticket in NYC with the assistance of a skilled attorney can allow you the opportunity to permanently eliminate the violation from your record as if it never even happened. With that being said, traffic school may be a more desirable option if you already have several tickets on your record.
Does a cell phone ticket affect insurance in New York? ›
The cost of the DRA in New York is $300 typically with an additional $75 fee per point after six. Your insurance premiums will likely rise, particularly after a second cell phone ticket. As the new convictions appear on your record, your rate may go up 20-30 percent.
How long does a cell phone ticket stay on your record in NY? ›
A cell phone or texting violation will stay on one's driving record until January 1 of the fourth year following the date of conviction. The five points associated with the ticket will count towards one's point total for 18 months from the date of the violation.
How do I fight a phone ticket in NY? ›
Tips for Fighting a NYC Cell Phone/Texting Ticket On Your Own
- Enter a plea. Drivers must respond to a NYC cell phone or texting ticket within 15 of the traffic stop. ...
- Show up to court. ...
- Present evidence. ...
- Receive a ruling.
Plead not guilty and go to trial – Fight the ticket, reject a plea to a lesser charge, and instead argue your case in court. Plea bargain – Negotiate a lesser offense with the prosecutor or police officer. Traffic program – Get your ticket dismissed by completing an approved traffic program.
Should I plead not guilty to a traffic ticket NYC? ›
Pleading 'not guilty' can save you down the line. By adding points to your license, you're getting closer to a suspended license. In New York State, it only takes 10 points to get your license suspended. If you get pulled over for going 71mph in a 50mph area, you're adding 6 points to your license by pleading guilty.
How do you beat a traffic ticket in NY? ›
You can dispute a ticket online, by mail, or via the Pay or Dispute mobile app. If you cannot conduct your hearing online, by mail, or via the app, you can schedule an in-person hearing or visit a Department of Finance business center between the hours of 8:30 a.m. and 4:30 p.m.
Does your insurance go up for being on your phone? ›
Risk assessment is crucial to insurance companies when setting premiums, and the link between cell phone use and increased accident rates is clear. Drivers who engage with their cell phones while driving are often viewed as high-risk, leading to increased insurance costs.
Because cameras can identify only license plates, tickets are issued to vehicles, not to drivers. The tickets thus do not result in detrimental “points” on an individual's driver's license and do not form part of a driver's record for insurance purposes.
How long do tickets stay on insurance in NY? ›
Moreover, traffic violations can stay on your driving record for several years, typically around three to five years in New York. During this time, insurers can access your record and adjust your rates accordingly. This means that even a single ticket can have long-term consequences for your insurance premiums.
How many points is being on your phone? ›
If found guilty, you will receive six penalty points for using your phone whilst driving. Even if found guilty there may be “special reasons” advanced for not imposing penalty points. However, this can be a difficult area of law and advice from one of our specialist solicitors should be sought.
What is the cell phone law in New York State? ›
New York's distracted driving law states that drivers can only use hands-free devices while talking on the phone. Text messaging, game playing, and other uses of handheld electronic devices are prohibited while behind the wheel.
How to reduce points on license NY? ›
In New York a Driver can take an online defensive driver course and remove up to four points from a person's driver's license.
How long does it take to get points off your license in NY? ›
After 18 months, points will fall off your driver's license. They will no longer factor into your insurance rates or count toward a license suspension. The New York State DMV assigns points for certain traffic violations. If you get 11 points in 18 months, your driving license may be suspended.
