If you are convicted of an Improper Cell Phone or Use of Portable Electronic Device ticket you will receive five points on your New York State Driver’s License. They are two of the most frequently issued tickets in New York City.

In 2022 approximately 35,000 of these types of tickets were issued in New York State.

• Approximately 15,000 of these types of tickets were issued in Upstate regions of New York
• Approximately 15,500 of these types of tickets were issued in NYC
• Approximately 4,400 of these types of tickets were issued in Long Island, NY

Under New York State law you cannot use a mobile telephone or portable electronic device while you drive. You will receive a ticket if you are driving and holding a Cell Phone or a Portable Electronic Device while:

• Talking on a handheld mobile phone
• Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages
• Viewing, taking, or transmitting images
• Playing games

The New York Cell Phone ticket carries 5 points, which is the same amount of points as Reckless Driving or Passing a Stopped School Bus. In addition to the 5 points, these tickets carry fines. The ticket fines are based on your previous record. In addition to the ticket fines, there is also a state surcharge of $88.

Obviously, New York takes its cell phone law very seriously, and so do New York Cell Phone Ticket Lawyers.

License Impact

The New York Driver Assessment Program imposes fees of $300 for drivers who have accumulated 6 points on their records within an 18-month period, as well as additional fees for any additional points.

Probationary drivers and drivers with learner’s permits are subject to even heavier penalties for cell phone or electronic device use while driving:

• The first conviction of a cell phone use or texting violation will result in a suspension of the driver’s license or permit for 120 days.
• A second conviction within six months of the restoration of the license or permit (after the 120-day suspension is terminated) will result in a revocation of the probationary license, license, or permit of at least one year.

Attorney Michael Block has more than 35 years of experience fighting traffic tickets and achieving positive outcomes for his clients. When you receive a New York City cell phone ticket and would like to keep your insurance premiums as low as possible, as well as maintain your driving privileges, please contact Michael Block, New York Traffic Ticket Attorney at 212-227-9008 for a free consultation.

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