Starting June 1, 2013, cell phone violations and texting & driving violations now carry 5 points (up from 3). A cell phone violation occurs when a driver uses a phone without a hands-free device. A texting and driving violation occurs when a driver “uses” an electronic device while driving. The terms “use”, “electronic device” and “while driving” are all construed liberally meaning that you cannot even hold your device while behind the wheel of a car that is not parked or else you’ll receive a cell phone ticket.
The new 5-point designation makes these two types of moving offenses the second most serious in the State. Speeding 21+ MPH is the most serious carrying 6, 8 or 11 driver’s license points. An NYC cell phone ticket and texting & driving ticket now carries the same number of points as a reckless driving misdemeanor as well as a passing school bus violation. Motorists can be suspended for accumulating 11 or more points so this change is significant. On the other hand, for those with clean records, a conviction to one cell phone ticket or texting while driving ticket will NOT result in your insurance increasing.
Gov. Cuomo is also proposing that drivers with probationary licenses and junior licenses be suspended for 60 days for just one texting & driving violation or cell phone ticket in NY. Cuomo cited the startling fact that cell phone-related accidents in New York have jumped 143 between 2005 and 2011. New York remains on the forefront of fighting this scourge. Remarkably, many states do not even make this conduct illegal.
Update: A conviction to a texting/cell phone violation during the probation period will result in your license being suspended for 120 days
Our office sees many texting & driving violations and cell phone tickets being issued especially in New York City, Nassau County and Suffolk County. They are often issued at intersections where a motorist is stopped at a light as well as in toll plazas. A police officer on foot can easily catch motorists committing these offenses. Further, these charges are difficult to successfully defend especially in New York City. For your own safety (and that of others), PLEASE, PLEASE put your iPhone or other devices away while driving.
Do you have other questions like how much is a cell phone ticket in NY? Contact us today and we can help provide you with more information and legal advice.
351 Comments. Leave new
I thank you for your quick response I have not had any violations and or records in my driving history in the last 36 months. Is it safe to go ahead and pay the ticket online then and not worry about any other problems aside for my insurance possibly going up and a record of me getting a ticket in NY for cell phone?
Mario,
It sounds like your safe to just pay this one. Be careful going forward.
Matthew Weiss
Hello I just received a cell phone ticket coming out off the George Washington Bridge this morning. For looking at phone while on my GPS I have no prior driving records and no cell phone tickets I am a resident of New Jersey I am aware of the point system and this ticket is my first offense will these points be added on to my NJ drivers license? And if I plead guilty and pay ticket online will the charge be the same or more?
Mario,
Points from a NY cell phone ticket do not transfer onto your NJ license. However, a record of the conviction will be recorded on your NJ record. If you get three cell phone connections, then you can be suspended in NJ.
Further, if convicted, NY will make a NY record of the conviction and assign 5 points. If you get too many points in NY with your NJ license, then NY can suspend you.
Matthew Weiss
Mr. Weiss,
I went to traffic court back in May to dispute a cell phone ticket and lost despite what the judge actually cited as a “good defense” on my part. I decided to appeal, but now I am finding out that my license is suspended while I await the appeal to be heard. The court never explained that the fines still have to be paid even if you plan to appeal, and I’m only finding out about this suspension because my insurance contacted me to verify. Do I have legal grounds to dispute the suspension? Thank you for your response.
Kareem
Kareem,
No you have to pay the fine and suspension termination fee to clear your suspension. Fines must be paid when due even if you have a pending appeal.
Matthew Weiss
Today 8/5/15 7:35 am
I was coming out of the Queen midtown tunnel. I saw 2 police officers walking thru traffic,pulling over vechical ! So in the delay I pulled my paperwork out from underneath my cell phone looking at one of them., and said to pull over! Very aggressively! Gave me ticket said not to use phone !! What the hell. Can I fight this ?
Scott C,
Yes, you can fight this ticket. Just plead not guilty and you will be given a hearing date.
Good luck!
Matthew Weiss
I was at a red light and briefly looked at my phone (in the cup holder) google maps to check for directions that was already set. The google maps was acting wierd – somehow assuming I was at a different location and giving me directions from there.( I had just received a new phone).
When I looked up I realized the red light turned green and cars ahead of me had left. I saw a cop car looking at me from the left lane. I moved the car to the side and waiting for the officer. When he came to the window I told him I got lost in thoughts about the direction. He saw my phone and gave me a ticket. Any chances for me ? How do I beat this ?
Sunny,
The only way to possibly beat this ticket is by pleading guilty. If you do, you will e scheduled a hearing where you can raise any defenses.
I cannot tell you how to “beat” this ticket but can say that there are many ways to win such cases (as I do not know your full facts, among other things). Good luck!
Matthew Weiss
Hey! I got a ticket in upstate NY this weekend for going 83 in a 65, the officer also said he saw my on the phone. I had no signal for 2 days in NY and finally got some and used it to call my parents as an emergency to let them know I was okay and alive. I wasn’t driving recklessly, was in my lane, open road with no risk to anyone else on the road. I’m from NJ with no points or record in NY. Will I get points and a fine for my first offense? Even with a clean record? If so how many and how much will the fine be?
Preet,
If you are convicted of this ticket, you will get 5 NY points but 0 will transfer onto your NJ license (assuming you have no other NJ cell phone tickets). The fine will be roughly $200.
Matthew Weiss
I am scheduled to appear in court (30-25 WhiteStone Expwy) in mid October (for a OP MV PORT ELEC DEV) violation in Queens. At the time, I was a Florida resident and now a Nevada resident.
1) Must I appear in person in court that day?
2) How can a lawyer help? (concerns: physical appearance in court, reduce points, keep overall cash outlay low)
Feel free to contact me at my email (to discuss another lesser violation issued concurrently).
Mike,
You or your traffic lawyer must appear on your court date if you want to fight this case. If you just want to pay it, then you likely can plead guilty online. An experienced NY traffic lawyer can help maximize your chances of winning (although a lawyer cannot guarantee a result). Given that you now are living in Nevada (and presumably will or have obtained a NV license), you should check to see if Nevada penalizes you for a cell phone ticket. If not (and if you do not have other points in NY), then you can just pay this NY ticket.
Matthew Weiss
Matthew Weiss
Hi, I have a quick question, I was pulled over in Manhattan on 37th street and 7th avenue-Cop says I turned w/o a signal (in reality I signaled but it unclicked as I was waiting for some pedestrians to finish crossing-but he would not hear of it) and when he pulled me over he saw my cellphone was sitting on my lap-I was not holding it or using it-but he says because I am “touching ” it that counts as a violation as well. I have a NJ license that I just got 2 weeks ago with a clean record (I had an Illinois license previously for 7 years). First-will the points for either of these 2 tickets transfer to my NJ license-if yes, how many and will it affect my insurance? Secondly, what would be the fines for tickets like this if I choose to pay it? Finally-is there any point in fighting them or should I just pay them? Thanks so much in advance for taking out the time to answer these few questions?
Charlie,
Answers following your questions below:
First-will the points for either of these 2 tickets transfer to my NJ license? Yes, as 2 NJ points each. NY will keep a separate record and, if you lose, will give you 2 and 5 points for these two tickets, respectively.
If yes, will it affect my insurance? Yes, they potentially could affect your insurance.
What would be the fines for tickets like this if I choose to pay it? About $200 each plus a $375 Driver Assessment Fee.
Is there any point in fighting them or should I just pay them? It may be worth fighting because if you beat just one of the two, then you’ll save roughly $575.
Matthew Weiss
I am a PA resident that was renting a car and driving toward the Verrazano bridge when I was pulled over for Cell Phone use, I was not using the cell phone but only picked up the phone and glanced at it because it was ringing. I let it got to voicemail and did not answer it,
I have a PA DUI from July 2013 where my license was suspended for a year. The offense carries 5 points. Does PA recognize the points on the license levied in NY? If I plead guilty and pay by credit card can I lose my PA license for too many points?
Darryl,
PA does not recognize the points for a NY conviction. Therefore, if you are found guilty of the NY cell phone ticket, it will not result in you being suspended for too many points.
Matthew Weiss
I was pulled over this morning while in traffic. My cell phone was in my hand for a split second because it fell off my dashboard. I was placing it back, and the officer pulled up next to me at that moment and saw it was in my hand. I got a ticket even though I was not using the phone and my eyes were on the road. Can I get out of this? It seems unwarranted. I was not texting, using the phone, calling anyone, or even looking at it, I had it in my hand to move it to a better spot in my car.
Emma,
It is possible that you can beat this ticket but that would entail a hearing or trial. How you fight this ticket and your prospects of success depends on the court in which your case is pending.
Matthew Weiss
I got cell phone ticket. How can I fight that ticket and don’t give me points on my license. And what is the possibility that a lawyer can fight the ticket and can win my case.
Jesse,
The only way to possibly save points is to plead not guilty. How you fight it depends on a number of variables including (most importantly) which court your case is scheduled.
Matthew Weiss
Matthew,
Thanks for your reply. My cellphone ticket was in NYC. To confirm, I should not attempt to reduce it to a lesser charge?
Thanks again!
Craig
Craig13,
In NYC, they do NOT plea bargain. There is therefore no opportunity to get a case reduced. Your only options are to plead guilty or not guilty (if you choose the later, then you will be given a hearing date on the offense).
Matthew Weiss
Matt,
I received a cell phone violation in manhattan in August of 2014, and I have an NJ driver’s license. How many points would transfer to my NJ record? Additionally, do I have any shot in arguing it down to a lesser penalty?
Thanks,
Craig
Craig13,
Because NJ does not currently assign points for such a charge, 0 points will transfer onto your NJ license if you are convicted. You can try to get this knocked down to a lesser charge as long as it was not issued in NYC or Rochester.
Matthew Weiss
how much does it cost to pay the ticket for being on your cell phone ?!
Gina,
The average fine for a cell phone ticket in NY is around $200.
Matthew Weiss
Hi, I recently got a ticket for driving while speaking on the cell phone. I have an otherwise clean record, what do you think the chances are that the prosecutor lets me take a plea deal for no points in a village court in nassau county? Thanks for your response.
Alex,
You have a pretty good chance to get this reduced from 5 to 2 points (given your otherwise clean record).
Matthew Weiss
Hi. I received a ticket (OP MV PORT ELEC DEV) in Manhattan last year. I postponed the hearing once already and wanted to postpone it again online but didn’t realize I couldn’t until now.
Is someone from your office able to represent me at the Manhattan South location for a 1pm hearing on 6/30/2015?
Angelo,
Of course, we can help even though your case is scheduled in a few hours. I’ll email you directly about it.
Matthew Weiss
Hello,
I was on my way home from a late shift at work. Before leaving work, I called my significant other to ask what they wanted for late dinner. They didn’t pick up their phone. About a minute away from the 7-11 that I was about to pull into, they called. I was driving less than 15 mph (approaching the lot) and thoughtlessly grabbed the phone and answered on speaker. It was in my right hand, in clear view of a police officer parked in the lot I was turning into. I am obviously guilty, but the officer told me that because of my clean record, I should try to plea it down to a 0 point moving violation. Is that possible? Is it very expensive to “buy my point reduction”? Do I admit knowledge of my guilt to the attorney that I’m preparing to “haggle with”? I’m not very sure how I should be attempting to go about this. Is it likely that the officer who ticketed me that day will show up in court? I would assume given his attitude that it’s not, but, also know that I don’t really know anything about this. What’s your opinion?
Thanks,
Heather F
Heather,
Is that possible? Yes, a plea down is possible in most court in New York State.
Is it very expensive to “buy my point reduction”? You don’t “buy” it. Rather, you plead guilty to a lesser charge and the judge then sets the fine (roughly $200).
Do I admit knowledge of my guilt to the attorney that I’m preparing to “haggle with”? No. Just ask if there is a way to resolve the case without a trial.
Is it likely that the officer who ticketed me that day will show up in court? No, unless your case is scheduled for trial.
I hope this helps. Good luck.
Matthew Weiss
I was a block away from the local Walgreens parking I just pulled out of asking the kids how their day went when I saw the lights in my mirror. NYPD officer said she saw me with my phone in my left hand to my left ear talking away. Well she was the passenger in the cruiser on the far right of our car and I had two hands on the wheel. My cell phone and debit card were in my zippered jacket pocket wrapped in a Walgreen’s receipt from 5 mins earlier.
If I print out my cell phone records will that be enough to fight this in court? What about bringing witnesses? I have a clean record and this is my first ticket in 25 years of driving. This will put 5 points on my license. HELP!
Su,
Your cell records and witnesses may help. I certainly would introduce such evidence if you end up a trial or hearing of this matter.
Matthew Weiss
I currently have 9 points in NY, though I am out-of-state and have a CT license, and just got a ticket for use of electronic device, 1225-d, which brings me to 14 points which would suspend my license in NY. I am wondering what the best way to deal with this situation is, I don’t know if I should plead not guilty because I recieved call and answered it, so it is obvious I am guilty, but I am wondering if it would be possible for me to bargain down to a zero point violation or something, or if there is anything I can do to stop my license from getting suspended.
If I complete an online defensive driving course to remove 4 points before I respond to this ticket, would that fix the issue?
Charlie R,
You should definitely take the Driver Safety Class to get the 4 points off. You should also plead not guilty to the electronic device ticket as this is the only way to possibly save points and money. Keep in mind that you will also be subject to the Driver Assessment Fee for this ticket as you already have 6 or more points.
Matthew Weiss
Today they had a check point at where I was driving. I grabbed my phone out from underneath me and held it for a second to move it. In that moment didn’t realize there was a cop hiding before the checkpoint. Well after pulling over and receiving this ticket. I simply have no clue what to do. Never really received this before. So do I plead guilty or no.
Jennifer D,
Technically, you are guilty because you may not “use” an electronic device while driving a motor vehicle. The mere act of holding the your phone creates a presumption of use which you would need to rebut. With that said, the only way to possibly obtain a more favorable result is by pleading not guilty and fighting this ticket.
Matthew Weiss
I got a cell phone ticket while I was driving on the highway holding my cell phone and look at the gps from my phone. I thought there are only no phone call and text while drive. Do you think I can plead not guilty for not knowing holding the cell phone is illegal
Li,
Ignorance of the law is not an excuse. With that said, you can still plead not guilty. This is the only way to possibly obtain a more favorable outcome.
Matthew Weiss
Hi,
I got a cell phone/texting ticket on 5/10/15 traveling W/B at the intersection of Laight and Collister in Manhattan. I had just come out of the tunnel and my GPS was wonky so I picked up my phone to look at the map. The coordinates were already in my phone and I didn’t even have to turn it on. I understand that I was ‘using’ a electronic device while in motion. I have a clean driving record and am upset by the 5 pts. I don’t know if it is worth it to fight the ticket so I haven’t yet plead guilty or not guilty. I also should mention that I did not have my registration card in the car but was not ticketed for it. The back of the tickets says that fines could be higher if pleading not guilty and are then found guilty at a court hearing. Any advice you can give is greatly appreciated.
Robyn,
Because this ticket carries 5 points, we recommend that you fight it. This is the only way to possibly save points. The points are the same if you plead guilty or fight it and lose. Further, the fine is usually the same too. Therefore, there is little down side to fighting it.
Matthew Weiss
I am physical therapist by profession and drive home to home for making home visits. I usually do not answer phone while driving, but on April 22, I received multiple calls from one of my patient. I did not answer first 2 times, but I had to answer it 3rd time assuming that there would be an emergency. All I did was, answer the phone and say to my patient that if you have an emergency call 911 or else I will call you back as I am driving. Hard luck for me, then next thing I saw is lights flashing behind behind my car asking me to stop. It was raining, so cop announced to keep my license ready. I did not get a chance to explain why I was on phone just for 5-10 sec as the cop just took my license and gave me the ticket. I have pleaded not guilty, and have hearing on 6/11/15. What are you suggestions for me?
Nishitkumar Kaushik,
A cell phone ticket is a 5-point ticket that carries roughly a $150 fine. It also can adversely affect your insurance rates if you have any other convictions (or an accident) on your record within the last 36 months. You therefore did the correct thing by pleading not guilty and fighting this ticket. We can help but if you decide to fight your ticket on your own, check out “Fighting A Traffic Ticket At The Traffic Violations Bureau“. I wrote this article for motorists to better understand the unique workings of the Traffic Violations Bureau.
Matthew Weiss
I got a ticket for having my device in my hand. I know now that I cant. I am pleading not guilty in hope of a plea bargain. What should I say when speaking to the DA since when youre ticketed obviously you were observed doing it… and it’s my word again st the officers. Do I just say I didn’t know and ask for a plea?
Thanks
Ctenore,
I suggest dressing decently, and acting polite. If true, also discuss your otherwise clean driving record.
Good luck!
Matthew Weiss
I got a ticket for using having my cellphone in my hand. Should I even bother pleading not guilty?
Sofiur,
A cell phone ticket is a 5-point ticket that carries roughly a $150 fine. It also can adversely affect your insurance rates if you have any other convictions (or an accident) on your record within the last 36 months. We, therefore, recommend that you plead not guilty and fight this ticket. If you do, you may be able to save NY points, and avoid an insurance rate increase (assuming you have an otherwise clean record).
Matthew Weiss
hi,
i got a cell phone ticket in Jamacia queens NY my phone rang i said hello and dropped it in my lap and proceeded to put in on speaker mode while researching the charge i noticed that the law allows for you to answer or start the call was wondering if there is a loophole around this . also do you take cases in queens i would like representation in this matter.
Thank You,
Heather,
Yes, we handle 100s of tickets in Queens every year so feel free to call us for a free consultation. Under the law, you cannot “hold” an electronic device while driving. Placing a phone on your lap, constitutes “holding” it under the law.
Matthew Weiss
212-683-7373
I was given a ticket for cell phone use, I explained I was using the Blue tooth but reached down to look at the Garmin GPS device. The officer stated that there was nothing he could do now that he pulled over and to plea it down. The plea was 3 points and $350. I am going to court, do I have a legit case to fight, I was NOT on a cell phone
Ken,
You can fight it but these cases are hard to win (especially if you were holding the Garmin GPS device when the officer saw you).
Matthew Weiss
I got a cellphone tickets back in 2011 that I haven’t responded to yet. I’m planning to go to the dmv soon,now that they have the 5 point law will it apply on me even though the ticket was given before The law came into effect. .thanks
Antonio Gonzales,
No, when they changed the law regarding points for a cel phone ticket, it was not made retroactive. You will get the same number of points, if any, that would have been assigned back then. In fact, you likely have already been found guilty by default meaning the conviction is on your record in which case you need to pay the fine, surcharge and likely the suspension termination fee.
Matthew Weiss
Well I had my case in NYC and was found not guilty . However I must admit NYC is a tough system . Thank you Mr. Matt
Andrew Morrison,
Congratulations on your dismissal. I hope that the information on our site helped you prepare.
Matthew Weiss
I got an improper use of cellphone ticket. Do u have any idea if they will offer me a break reduction in points and fine in Brooklyn Atlantic avenue court
Mohamedraza,
There will be no offer or plea bargain in Brooklyn as they do not do such things in this court.
Matthew Weiss
I just got a ticket in UB parking lot for being on my cell phone I was driving but only going 5 mph I called my gf because I didn’t know we’re her fashion show was .do I plead not guilty? Will that lower the cost an not get me 5 points on my license.
Dylan,
You cannot operate a motor vehicle whiling using a cell phone in New York without using a hands-free device (even at 5 mph). Whether you can plea this down to a less serious charge depends no where you got this ticket.
Matthew Weiss
So I got this cell phone ticket in NYC and I have a NJ Licence.. It said that if I dont answer the ticket within 15 days that my license would be suspended.
My questions are:
1) Would that suspension apply to me even if I have a NJ license?
2) If I never pay this ticket, wont it go away in about 8 years or so?
3) If I dont pay whats the max penalty it can increase to?
Pat,
1) Would that suspension apply to me even if I have a NJ license? Yes. NJ will honor a NY suspension.
2) If I never pay this ticket, wont it go away in about 8 years or so? No, you will be suspended and this will remain on your privilege to drive in NY until you lift it.
3) If I dont pay whats the max penalty it can increase to? A few hundred dollars extra but we recommend that you answer it and address properly and timely.
Matthew Weiss
Hello. Damn NYC novice cop gave me a cell phone ticket this am. Was holding phone in hand and didn’t know that you couldn’t do this in NY. Didn’t even ask me for the registration and insurance for the car I was driving. Wasn’t even my car but a friends. Being a NJ resident with a NJ DL, it seems that the points will not carry over to NJ. Is this correct? Thank you for your time.
DT,
You are correct. Because NJ does not currently assess points for a cell phone violation, a conviction in NY to this charge will not transfer as points onto your NJ license. However, NY will keep track of points that you accumulate here and can penalize you here if you get too many points. Further, if you get too many points here and are suspended, NJ would honor that suspension. Finally, a cell phone violation carries 5 points in NY.
Matthew Weiss
Will a cell phone bill showing I was not on the phone at the time of ticket suffice? I got pulled over for holding cell phone at a red light. I had just left my house with keys and phone in hand, drove off, first stop light, was pulled over. Officer of course did not care to hear that I was not on the phone simply holding it.
Also, how do I prove to judge that I was at a red light at the time?
Fatima,
You may not use an electronic device while stopped at a red light. This likely will be interpreted as “while in motion” in violation of the statute. A cell phone bill may help but I’ve seen many motorists found guilty despite having a bill.
Good luck!
Matthew Weiss
I got stopped by cops for holding a cell phone while driving.
I was not holding any cell phone at all!
I don’t know how or why they thought i was.
I did have a full car and was making a right hand turn it is possible someone in the car was on their cell and the cops saw that. It was 11pm, could’ve been confused with mine.
But how do I fight this!? its my word against theirs!
this is an absolute mistake!
what should i do?
M,
You should plead not guilty. This is the only way to possibly avoid or reduce the 5 points associated with this ticket. How you fight it depends on whether this ticket is returnable at a Traffic Violations Bureau Court or some other traffic court. Read some of the earlier posts in this string for further information (or call us) if you have further questions.
Matthew Weiss
212-683-7373
got a ticket in NYC today for driving with cell phone in my hand. Will NJ assess any points for ticket — thx
MP,
NJ does not currently assign points for this ticket so a NY conviction to a cell phone ticket will NOT transfer onto your NJ license. NY will keep track of it, however.
Matthew Weiss
Hi There,
I got talking on the phone ticket last March..going to court in Queens this Friday ..pleaded not guilty.
Is it 2 points ( before June ) or 5 points.
Gerry,
Last March, cell phone tickets were only 2 points.
Good luck.
Matthew Weiss
I got a ticket while stopped at a red light for using phone when it was on my lap and in speaker mode. Officer was walking towards his parked vehicle when he knocked on my window. He was in a rush and said he had to leave while writing the ticket but it wasn’t completed. He didn’t fill out “LIC Class”, “License Expires”, “Registration Expires” and “Date Affirmed” boxes at all. He also made minor mistake on my Street Address. Does this make a difference when fighting the ticket?
Eric,
These errors may help you beat this cell phone ticket but they do not render the ticket fatally defective. Plead not guilty and, as part of your defense, point out these errors.
Matthew Weiss
After how many years will the 5 ny based points leave my record?
Barry,
Points last on a person’s driving record for 18 months from the date of offense (for DMV purposes) and 36 months from the date of conviction (for insurance purposes).
Matthew Weiss
Thanks matthew. Will pleading guilty have any effect on my nj insurance plan?
Barry,
If you’re NJ license is otherwise clean, then my best guess is that one NY cell phone ticket will NOT negatively impact upon your insurance rates.
Matthew Weiss
I have a clean nj license, i just got a ticket for cell phone use in the verrazanno toll plaza. Will anything transfer to my nj license? If not what will my record in ny be? Would a driving course help? Thanks
Barry,
Because NJ does not yet assign points from illegally using a cell phone, no points from this traffic ticket will transfer onto your NJ license.
In NY, however, you will have 5 points on your NY record (assuming you plead guilty or are found guilty).
If you’re record is currently clean in NY, we don’t recommend taking the NY Driver Safety Class.
Matthew Weiss
The nyc police department is just a big money making business. The point system is BS and just another way to make money. Go do what police are supposed to do, catching real criminals.
Anonymous,
The DMV has long ago become a de facto tax agency. It is much more palatable for politicians to raise license renewal fees and impose high surcharges. It is a way to raise taxes without “raising taxes”.
Matthew Weiss
I got a ticket for having my cell phone in my hand, I have points on my license already but this is my first cell ticket. my job requires nothing over 6 points. I have been told to go into court and let them know my situation and they may reduce it. What should I do? I have also heard they do not reduce tickets in nys?
Anonymous,
Most traffic courts in New York will engage in plea bargaining. However, in New York City, Rochester and Buffalo, they do not. Regardless of where you case is to be heard, you should plead not guilty. This is the only way to possibly achieve a more favorable outcome. A cell phone ticket carries 5 points so you should definitely fight it.
Matthew Weiss
Does it help to just offer to do a dmv class online to reduce your points? I would do that for sure. I truly wasn’t talking on mycell and I think I was made an example of during a new girls training with a deputy.
Sara,
The Driver Safety Class will remove up to 4 points from your NY license. It can be taken every 18 months.
Matthew Weiss
i got ticket for using cell phone in verrazano toll plaza, what should i do now? i have clean records from new jersey dmv and my licence from nj.
Mohammad Chowdhury,
NJ does not assign points for a cell phone ticket. THerefore, a NY conviction to this charge will not transfer onto your NJ license (based on current NJ law). Therefore, if you don’t drive in NY often, you can just pay this one.
Matthew Weiss
I got a ticket for texting while driving. The ticket which the officer gave me does not say anything about points on my license. Are the 5 points automatic? I told the officer I had an emergency (family member in hospital) which is why I was using my phone. I’m wondering if he cut me some slack and just gave a fine no points, or whether I will receive notice later on about points
Thanks for your adivce
Kathy,
If you are found guilty, then you will get the 5 points. The only way to possibly avoid points is to plead not guilty and fight the ticket.
Matthew Weiss
I got a texting ticket in Yonkers NY . Will getting an attorney to fight my case help me lower the points and the $150.00 ticket help?
Me,
Yes, getting a traffic ticket lawyer can help you. The texting ticket carries 5 points so you definitely want to fight it.
Matthew Weiss
How does a cellphone ticket with a clean record NOT increase your insurance? I got a ticket but I’m more concerned with my insurance going up than the points (clean record for 10+yrs)
Anonymous,
With a clean record, one cell phone ticket will NOT raise your insurance rates. Read my article entitled “How Traffic Tickets Affect Auto Insurance Rates” for details.
Matthew Weiss
i went last week and i lost. there was 3 mins gap between the observation time and my phone ended time. but the officer said the time on the ticket was an approx. time. so i lost. the court system here is a #*$#@.
Bruce,
I feel your pain. My law firm appears in this court for dozens of motorists every week.
The NYC traffic court is a very tough place. It is called the “Traffic Violations Bureau” but it is actually just a department within the Department Of Motor Vehicles. As a result, you have DMV judges, in a DMV court deciding whether DMV gets your money. There are many rules which make it hard on motorists to win. The real frustrating part is that outside of the Traffic Violations Bureau (anywhere except NYC, Buffalo and Rochester), they have a much more motorist-friendly system.
Matthew Weiss
i got a cell phone ticket without even using the phone. i was talking on the phone and walking to the parking lot, but when i got to my car, i ended the phone call and got into the car. as soon as i drove off the parking lot, an officer started chase me and pulled me over and gave me a ticket for improper use of cell phone. i feel so innocent and hopeless, why would a police officer do that?
Bruce,
That’s terrible. As long as you weren’t behind the wheel driving, you should haven’t gotten a cell phone ticket. Plead not guilty and fight this one.
FYI: As of June 1, 2013, this type of ticket now carries 5 points!
Matthew Weiss