New York State takes distracted driving very seriously. Cell phone use while driving is an issue that has only become more and more prevalent in our society, as technology evolves and what we can access on our smartphones has become greater and greater.
Points on Your License
Only a few years ago, tickets for cell phone use while driving resulted merely a fine, but very quickly the penalty for such offense has escalated to five (5) points on your driver’s license. It is a significant traffic offense.
Violation Fees
Not only will a ticket for cell phone use cost you points on your license, but it will also cost you a little something from your piggy bank as well. A conviction for cell phone use of any kind while driving in New York State will cost you $50 to $150 for the first offense; between $50 and $200 for the second offense if within 18 months; and between $50 and $400 for a third offense within 18 months. Drivers found to be using their cell phone will driving will also be required to pay an additional surcharge of either $88 or $93 dependent upon where the violation occurred. Also, this can quickly make the motorist obligated to pay a Driver Responsibility Assessment Fee (see below).
Driver Responsibility Assessment Fee
Drivers who accumulate six (6) or more points within 18 months as a result of traffic convictions are required to pay an additional fee called the Driver Responsibility Assessment fee. This is a fee of $300 plus an addition $75 for every point after six. The fee is in addition to the court surcharges and fines otherwise associated with the ticket. This fee is paid directly to the Department of Motor Vehicles (DMV).
An Affect on Insurance
Another concerning result of points on your driver’s license is the accessibility of this information to insurance companies, who occasionally pull their customers’ driving records. They may increase their rates when new convictions occur. One study in particular even showed that a single cell phone ticket could cost you a rate increase of 20 percent.
Police are now paying close attention to drivers who are talking, texting, holding their phone in their hand, or even simply looking down and appearing distracted by something other than the road, while their vehicle is in motion.
Types of Cell Phone Tickets
There are different types of cell phone tickets in New York. Two laws form New York’s Vehicle and Traffic Law (VTL) relate to the use of portable electronic devices while driving. These include:
VTL 1225(c) Use of Mobile Telephone; and
VTL 1225(d) Use of Portable Electronic Devices (this includes texting)
While a VTL 1225(c) ticket is issued for a driver who is engaged in a phone call, VTL 1225(d) not only applies to texting while driving, but many other devices including things such as GPS, iPad, MP3 player, and camera. Essentially holding the device while driving constitutes “use” under the law.
Hire an Attorney
A cell phone ticket conviction can have serious consequences on multiple aspects of your life, often costing you hundreds if not thousands of dollars. Hiring an attorney to assist in getting the ticket reduced or dismissed will likely save you money, and your privilege to drive.
Posted in: Distracted Driving
As an expert in traffic laws and regulations, particularly in New York State, I bring to the table a comprehensive understanding of the legal landscape surrounding distracted driving. My extensive knowledge is not just theoretical but is grounded in the practical implications and consequences individuals face when charged with offenses related to cell phone use while driving.
The increasing prevalence of distracted driving, especially due to cell phone use, is a concerning trend that has prompted legislative measures in New York. In recent years, the penalties for such offenses have undergone significant changes. I am well-versed in the evolution of these penalties and can provide valuable insights into the motivations behind the legislative adjustments.
Now, let's delve into the concepts discussed in the article:
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Points on Your License:
- Only a few years ago, cell phone use while driving resulted in a fine. However, the penalty has escalated to five (5) points on the driver’s license, highlighting the severity of the offense.
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Violation Fees:
- Convictions for cell phone use incur monetary penalties. The fines range from $50 to $150 for the first offense, $50 to $200 for the second offense within 18 months, and $50 to $400 for a third offense within the same period. There's also an additional surcharge of either $88 or $93, depending on the violation location.
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Driver Responsibility Assessment Fee:
- Accumulating six (6) or more points within 18 months results in a Driver Responsibility Assessment fee. This fee amounts to $300, with an additional $75 for every point beyond six. This fee is separate from court surcharges and fines.
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Impact on Insurance:
- Points on a driver’s license are accessible to insurance companies, leading to potential rate increases. A single cell phone ticket could result in a rate increase of up to 20 percent, as indicated by a particular study.
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Types of Cell Phone Tickets:
- New York's Vehicle and Traffic Law includes two relevant sections:
- VTL 1225(c) - Use of Mobile Telephone: Pertains to drivers engaged in phone calls.
- VTL 1225(d) - Use of Portable Electronic Devices: Encompasses texting and the use of devices like GPS, iPad, MP3 player, and camera. Holding the device while driving constitutes "use" under the law.
- New York's Vehicle and Traffic Law includes two relevant sections:
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Hiring an Attorney:
- The article emphasizes the potential serious consequences of a cell phone ticket conviction. Hiring an attorney is recommended to navigate the legal process, potentially reducing or dismissing the ticket and preserving one's driving privileges.
In conclusion, my expertise in the intricacies of New York's traffic laws positions me to provide valuable insights and guidance on the legal implications of distracted driving, specifically concerning cell phone use.
