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
Hello,
I recently got a cell phone ticket in Queens, if I plead not guilty I would have to appear at Flushing Courthouse on Whitestone Expressway.
I am a home care nurse, was in full uniform when pulled over by the cop. I had my phone on my lap was not even touching it, but was looking at the navigation to see where I needed to turn and he pulled me over because he saw me looking down. I printed out both phone log and text log which shows I was not on the phone at the time the ticket was issued.
Also, I have a clean license.
What are the chances of me not getting the points?
Do they plea bargain?
Should I hire an attorney even though I have proof showing I was not using the phone?
Denise G,
Beating this case at the Queens North Traffic Violations Bureau is very hard. There are all kinds of rules and policies that make it hard for a motorist to win a case in the TVB courts. For instance, the TVB judges are not allowed to engage in plea bargaining. Hiring an experienced traffic lawyer would improve your chances for success (but, of course, this does not guarantee success).
Matthew Weiss
Hi,
I received a cell phone violation ticket today in Queens, NY.
I have a Illinois driver licence, C class.
Could you tell me if these 5 points transfer to my Illinois driving record?
My record has been clean so far. First ticket!
Also for how long cell phone violation ticket points staying in our records?
Thank you very much Matthew W.
Have a good day
Danilo,
Your question hinges on whether IL has a similar cell phone law. Since I do not practice in IL, I cannot answer this question.
If IL has a similar law, then a conviction to a New York moving violation WILL transfer to your Illinois license.
A NY conviction lasts for 18 months. However, I do not know how long it will remain on your IL license.
Matthew Weiss
Hi Matthew,
Thank you for responding to everyones inquiries,
If I received a OP MV PORT ELEC DEV ticket in NYC and I have a NJ Drivers license. Do the 5 points transfer over to NJ? If so what can I do to minimize the points etc if anything? I have not used any defensive driving classes in the past and have zero points on my record.
Thank you,
Alex
Alex,
No points transfer to NJ because NJ currently does not assign points for this type of ticket. However, NY will create a record for you and assign 5 NY points onto your NY record. Further, if you get 3 convictions to an electronic device ticket in New Jersey, then you can be suspended by NJ DMV (and a NY conviction counts as one of your 3).
Matthew Weiss
Hi
like others, I received a ticket while I was stopped at a red light in Manhattan. I hit the “navigate” button on my cell for GPS. I was completely stopped. Police office issued a ticket.
I have a NJ license, completely clean record, no points. I pled not guilty, so I have a court appearance scheduled on 6/13.
Should I attend on my own, plead not guilty, citing my clean record and I was stopped?
Or do I hire a lawyer to fight it for me? Are their chances better than mine??
will the case be dismissed if the police officer doesn’t show up?
do you know the worst case/best case scenario? I’ve read that they don’t take a plea – so does that mean I can’t get the points and/or fines reduced with OR without a laywer?
thank you!
Alicia
Alicia,
Answers in bold below.
Should I attend on my own, plead not guilty, citing my clean record and I was stopped? Yes to everything.
Or do I hire a lawyer to fight it for me? Are their chances better than mine?? That’s a personal decision. Many clients hire one of our NY traffic ticket lawyers because they do not want to appear in court (they’re busy, nervous, etc.) or want to know that they have representation from an experienced traffic lawyer.
will the case be dismissed if the police officer doesn’t show up? If and when it is scheduled for trial, maybe. Sometimes the judge gives the officer additional opportunities to attend.
do you know the worst case/best case scenario? Worst case is that you get the points and fine. Best case is you get it dismissed. However, most likely outcome is a plea bargain to a less serious charge.
Matthew Weiss
Hi I recently received a cell phone ticket in town of Bethlehem. If I plead guilty I will be fin with points on licences if I plead not guilty will it will be reduced ? I have a clean record im very bervous to go to court do I bring ticket
Aprill,
If you plead guilty, you likely can negotiate this down to a less serious charge. Good luck!
Matthew Weiss
Hi,
In April of 2015, I received a cell phone ticket in NYC with a NJ driver’s license. My first question is do the full 5 points transfer to my NJ license.
In July of 2015, I moved to NY and switched my license. My next question is would the same number of points have transferred to my NY license. My driving record states that 5 points were transferred in July, but I’ve also read somewhere that 2 is the max that will transfer from a single violation.
Thank you
Angela,
The points do not transfer but the conviction is reported to NJ and, if you get 3 such convictions, NJ can suspend you under current law. Now that you have a NY license, this license has those 5 points on it. The 2 point thing that you read is not relevant to you but rather applies to how many points from some NY tickets will transfer to NJ.
Matthew Weiss
Hi Matthew,
I received a improper cell phone use ticket in Manhattan last summer. I plead not guilty in hopes to negotiate a plea bargain in court to lower the points. Would you be able to tell me the likelihood of them reducing the points? I don’t know if its worth taking off work (not getting paid for the day) and going into the city if they aren’t going to lessen the summons. The court date is being held at Traffic Violation Bureau at 159 East 125 Street in York, NY 10035. I also have a clean record. What action would you recommend I take? Thank you for time and help in advance.
Best,
Caroline G.
Caroline Giambo,
At the Manhattan Traffic Violations Bureau, they do not plea bargain. Therefore, you cannot get it reduced. At your hearing, you can be found guilty or not guilty (all or nothing). Further, it is hard to win at this court so, if you have an otherwise clean record, then you may not want to fight it. Otherwise, you should definitely fight it and maybe even get an experienced NY traffic lawyer.
Matthew Weiss
I received a cell phone violation ticket in NYC in April 2015. When I pleaded not guilty online, I was given the date of hearing in May or June 2016. I didn’t write that information down or printed the page. How can I view my notice of hearing and verify the hearing date and time on dmv website. I searched the website for an hour but can’t seem to find the information I am looking for. Thanks.
Dee Pena,
You should use the NYC Traffic Violations Bureau website to look up your ticket information.
Matthew Weiss
Hi I received a ticket for 1225C2A. I was indeed talking on the phone when the officer pulled me over. I’ve been living in NY for 10 months and honestly did not know that it was against the law to talk on the phone from driving. I am from TN where it is not a law. Not using that as an excuse, but what are my options to avoid the 5 points on my record. I’ve never received a ticket in my life so receiving 5 points for this really frustrates me. I received the ticket in Albany NY and Albany City Court Traffic Part is listed on the ticket.
Jacinda,
The only way to reduce or avoid points is by pleading not guilty. On your court date, you may be able to work out a plea bargain.
Matthew Weiss
I just received a cell phone ticket, I currently have no points on my liscence and have not for a very long time over 15 years. Ticket states I had the cell phone in my right hand to my face. Can I plead not guily and try to get the points reduced of removed. I already have a Driver Safety course, We did it because it reduced our insurance rate, which is up in September, but It is the points and the insurance increase that I am worried about. Any suggestions please.
Dee,
You can most certainly plead not guilty. How you fight this cases, however, depends on whether it is pending at a Traffic Violations Bureau court or not. In the former, they do not plea bargain.
Regardless, because you have a clean record, a conviction to this ticket alone will NOT raise your insurance rates as a matter of law.
Matthew Weiss
Hi,
I received a texting while driving ticket and the court to appear is Nassau county traffic violation. This is my first time offence, I have clean record for past 10 years and never got any major ticket expect couple parking tickets. My question is that Should i hired lawyer or plea guilty my self. And if plea guilty is there is any way they an reduce my points. Or should i get lawyer because i can remove up to 4 point by defense driving ed certificate.
Muhammad Asim,
You should plead not guilty. If you do, you or your traffic lawyer can likely negotiate this down to a less serious charge. If you have the time, you can do it your self. If not, hire a NY traffic ticket lawyer.
Matthew Weiss
I received a NYS V and T law section 1225D ticket on I-87 near the Tappan Zee bridge. The courthouse listed is in Tarrytown. I was reaching for my GPS, held it for 3 seconds and put it back. I was stuck in traffic going 12 mph. I have a PA driver’s license am 54 years old and have never received a ticket or point on my license. I can’t imagine it would make sense to drive 4 hours to attend a court hearing. What is my best course of action? I’m not worried about the fine as much as the points. Thank you.
Tammy,
Since points from a NY conviction do not transfer onto your PA license and assuming you have no other NY convictions within the last 18 months, you may want to just plead guilty and pay the fine.
Matthew Weiss
Hi Matthew,
I recently received a cell phone ticket in NYS 1225c- and was given the court date on the ticket, however I was mailed a later date in the mail stating “this is the wrong date the 20th is not a valid court date and you are to arrive on the 27th” is there any way to fight the ticket by using this as an excuse? Thanks. Also do you know the time period in which you can apply for another reduction? I had a speeding ticket a year ago which was reduced to a minor non-traffic ticket. Thanks.
Chelsey Furnace,
This change does not render your ticket fatally defective. You should plead not guilty and, on your court date, attempt to negotiate this down to a less serious charge (assuming the ticket was issued outside NYC).
Matthew Weiss
My wife was pulled over today and given a summons for “operating a motor vehicle while using a portable electronic device” in Suffolk County. The only issue is – her phone was in her purse. The officer pulled her over simply because she had her head down at a red light, and when told that the phone was I’m the purse his response was, “I’m not debating this with you.”
If she shows up in court with her phone records showing no calls or texts at this time, is this a winnable case? Or should she just expect the inevitable?
Andrew,
Believe it or not, it will be hard to win (despite your wife’s testimony and proof). In NYC, they do not plea bargain and the traffic courts have many rules that make it hard for motorist to win. With that said, do not let me discourage her from trying.
Good luck!
Matthew Weiss
I received a ticket for operating a mobile device. I was at a light and handed my son my phone to put on the GPS. He handed it back from the back seat after setting it up and I tried to put it in the cradle. It didn’t work so I just put it in the cup holder. I was NOT operating the device AT ALL. I am pleading not guilty.. what are my chances in Nassau County?
J.,
In Nassau County, it will be tough to beat this case at trial but don’t let me discourage you from trying. Alternatively, you can try and negotiate this down to a less serious charge.
Matthew Weiss
Hi,
Does a ticket in CT transfer points to NY? I had my cell in my hand to hear GPS directions…I don’t have a dashboard holder…
Thanks,
S.Nogg
S Nogg,
A CT conviction will not transfer as points onto your NY license.
Matthew Weiss
I have proof from the phone records that I was not on the phone. However, I understand that the law states that any device being held while the car is in motion is a ticket. How likely is it that I can beat this ticket in court with my proof? Do you suggest that I pay the fine and take the class, or should I try and beat the ticket to have all the points removed? I am more concerned with points on my record more than anything. The fine is nothing.
Thanks for your help.
(this is in Staten Island, NY by the way)
Deanna Garrett,
The Staten Island traffic court is really, really tough. It is, in fact, the worst traffic court in New York for motorists. I doubt that your records will allow you to beat this case but please don’t let me discourage you from trying.
Good luck!
Matthew Weiss
I have a CA license, registration and insurance. I am now living in NY and will be switching everything over to NY within the next couple months. I just received a ticket in NY for cell phone use. Will these points carry over to when I get NY insurance causing it to be higher? Do I have the option of taking the class to remove the points? Thank you.
Deanna,
These points will carry over when you switch over your license.
You can take a NYS Driver’s Class to remove 4 points from your NY record. Or you can plead not guilty and try and beat your cell phone ticket.
Matthew Weiss
I received this ticket in Mar 2015 when I was residing in NYC. I had pleaded not guilty and moved the dates three times in the past one year. Since September 2015, I have relocated to California with my family. I had my hearing on Mar 18 2016 which I could not attend. And I did not want to plead guilty since the onlookers who saw me getting the ticket said it was ridiculous the way the cop gave me the ticket. My cell phone dock fell off while I was at the traffic light stop on 59th st ( off of Queensboro bridge ). My daughter was with me and she was appalled at the cop’s behaviour, I bent down to pick up the phone when this cop saw me and asked me to cut through the waiting traffic to cite me the ticket. He did not even hear me or ask me a question, The phone was off. He did not bother. I have missed the date on Mar 18 2016. I plan to get my license in California state soon, my car is still having NY plates and I am paying NY insurance. What should I do ? Please advice. Thanks for your help.
PN,
Given that you had three prior court dates, unfortunately I doubt that you can get a new one without a suspension. So your choice is to plead guilty or try and get a 4th date (but understanding that the 4th date likely will come with a suspension). Further, if you cannot or do not want to appear in court, then you can retain a NY traffic lawyer to appear for you.
Matthew Weiss
Hi,
I received a cell phone violation ticket today in Manhattan. I also have already plead guilty and paid a speeding ticket within the past 6 months (6 points). From what i have read, it seems unlikely I will win any case fighting the cell phone ticket. So my question is, what is the best course of action to not get my license suspended since I will have 11 points? Take the PIRP class to get a 4 point reduction immediately? Or schedule to appear in court so it delays the ticket hitting?
In addition, the DMV says you “can be” subject to suspension. Am i to assume that if i plead guilty i will automatically get my license suspended since i have 11 points?
last thing, i find the actual tickets very misleading as they list the dollar penalty but do not disclose that you will get any points if you plead guilty.
thanks for the help
James,
Yes, take the NYS Driver Safety Class BEFORE you are convicted of the recently-issued cell phone ticket. If you take the class, then you likely can avoid a suspension. If you don’t, you likely will be (although it is possible that the TVB judge gives you a break and does not suspend you).
The failure to mention the points associated with your ticket is not a good argument to raise. I do not thin it will help you beat this ticket.
Matthew Weiss
hi I have CDL A license and I got ticket for using mobile phone in New York State in HAUPPAUGE. I have NJ license. How will this affect my license? do I get any points on my NJ license? should I plead not guilty to reduce any points?
Raj,
If you are convicted, NY will give you 5 points on your NY record. NJ will NOT give you points (based the current law there) but, if you get a total of 3 convictions for this offense (in NJ or elsewhere in the US), NJ will suspend you.
Matthew Weiss
Hi Matthew,
I received a cell phone ticket in lower Manhattan. The police officer issued a ticket, but my copy is illegible since it is too light. No one can make out any of the words on the ticket that was given to me. In Manhattan South Traffic Court do you think I should plead not guilty since the ticket is illegible and, therefore, should be dismissed since it is invalid on its face.
Thank you.
Les Kramsky,
You can certainly make this argument but the “legibility” defense very well may not work. I can envision the judge having the officer read to you what the tickets states and, then, even giving you another date to come back.
Matthew Weiss
Hi Matthew,
Thank for providing this great information. I have another question along the same lines:
I have just received cell phone use ticket in New York (Westchester County), and I live in Westchester as well, and have New York license. I was not using it actively – I was holding it up next to the steering wheel so I could look at directions in my Google Maps app. The entire reason I held it up instead of having it on the passenger seat (where it normally sits) is so I would not have to crane my neck and take my eyes off the road – instead I could glance at it for half a second. Is there a chance court will agree to this reasons and throw out/reduce the charge?
Also, I had a previous violation for using cell phone while driving (and I was actually on a call, I admit that) back in 2010 in New Jersey, which was my first and only cell phone offense anywhere in the country. Back then I had New Jersey license, and I believe it was a no-points offense at the time… would New York court use that against me? I would have to disclose it if asked directly…
I have not had an at-fault accident since 2004 (that took place in Nebraska) and the only other traffic tickets I have had were a speeding ticket in Colorado in 2013 and two no-point “right turn on red” violations, one in New Jersey (2010 or 2011), one in New York (2012 or 2013). I think I can still call myself a “good driver” though maybe not with “clean record”…
Thanks for any advice.
Anna
Anna,
Good news: Points from a NJ conviction do not transfer onto your NY record.
Matthew Weiss
I received a ticket for using electronic device in NYC while driving on my PA driver license. Received 5 points as expected.
Does this affect my insurance, and any precautions I need to take in future because of these points?
Thank you in advance for your response.
Regards,
Mona
Mona Patel,
The points will not transfer onto your PA license (although the conviction will be reported to PA). NY will maintain a record of your NY points so don’t get any others (at least, for 18 months). If you have an otherwise clean record, I believe that this ticket will not hurt your insurance rates (but check with your insurance company).
Matthew Weiss
Matthew,
I have a Virginia driver’s license, and recently got a cell phone ticket in NYC for using my GPS without a hands-free device. This is, however, not illegal in my home state. I am willing to pay the fine, but 5 points is a hefty point value for something that my state would not have ticketed me for. Will the points transfer to my Virginia license?
Sean,
Because VA does not have a similar law, I’m pretty sure that the points will not transfer onto your VA license. You should check with a VA traffic lawyer to be sure.
Matthew Weiss
Hi,
I got a cell phone ticket for using as GPS (on my cell phone) from officer was on foot and thought I was on the cell phone (but instead I was talking to my daughter in the car who was in the back seat) he ask to see my cell phone and showed it to him so he say my GPS was on and wrote me ticket for using my cell phone for GPS. Do you think I should flight this ticket and to try to get the judge remove the points? Or will it be waste of my time? I have a clean record, no points and no accidents; have been driving for 16 years.
Thank you,
Nicole,
If this case was issued outside of NYC or Rochester, then plead not guilty. You likely can get the case reduced to a less serious charge. Otherwise, it is a judgment call. In NYC and Rochester, there are no deals so it is hard to win.
Matthew Weiss
Hi, I just got my cell phone ticket, but my girlfriend was using it at the passenger seat and it was at the traffic light, which was red. And when I asked the officer if I am getting the points for this, he responded no thress times. If I plead not guilty, do you think Im gonna be able to win?
Also, I got my speeding ticket 2months ago which I am waiting to go to court for not pleading not guilty. Would my insurance premiums go up for cell phone ticket?
Skim,
A passenger may legally use a cell phone so this sounds like a defensible ticket. However, it also sounds like the officer claims that you were using the phone, not your girlfriend. BTW, this is a 5-point ticket!
Your insurance rate will not go up for just one cell phone ticket (assuming you have an otherwise clean record for the last 36 months).
Matthew Weiss
Hello,
I got my license 6 months ago and im 21 i recently got a cell phone ticket (my first ticket) and payed it. The dmv wants me to come in person for the conviction. Do i have to be worried about getting my license revoked or suspended?
Thanks.
Fortune,
Yes, whenever a “personal appearance” is required, you are in jeopardy of losing you license. As a result, you should plead not guilty and fight this ticket.
Matthew Weiss
Hi my name is Akeen Phillip I was on my way to the gym and I had a cup of preworkout shake in my hand drinking it I got pulled over from a police office and he said he saw me using my phone, I clearly had a shake in my hand drinking it before I got to the gym he said I was texting but my last text message was from the night before and my last phone call was at 834am on the ticket he put 909am, if I print my phone record would that stand in court, they both show the time and date when I was using my phone
Akeen Philip,
Phone records can help but at the Traffic Violations Bureau I have often seems judges reject them. Some of these judges are jaded and other are just looking for reasons to convict. Good luck fighting this case, however. I hope you win.
Matthew Weiss
Hi Matthew,
I’m a NJ driver, who got a cellphone ticket in Brooklyn. I was stopped at a red light the entire time (10 seconds). In fact, the police officer literally walked over to my window, and issued the ticket. From my understanding, 1225-c says the vehicle needs to be in motion. Is this correct? Is it worth it to fight – How much does representation in this type of situation cost?
Thanks!
Neil,
The short answer is that you cannot use an electronic device while stopped at a light or traffic. For more details, read my post entitled “When Does Stopped Mean Moving?”
In regard to how much a NY traffic lawyer will charge, roughly it will be between $200 and $500.
Matthew Weiss
I do have a CLEAN record, no points, no accidents, NOTHING. Today I got my first cell phone ticket. I was indeed using it but on West St where no one was moving. Should I plead Not Guilty in hopes they just let me pay the fine and not get any points? How likely am I to not get any points if I do so? I rather pay, and honestly did learn my lesson. Ha. Thanks Matthew!
Albert,
Answers below in bold.
Should I plead Not Guilty in hopes they just let me pay the fine and not get any points? This is not an option in the NYC traffic courts. It is “all or nothing” if you plead not guilty.
How likely am I to not get any points if I do so? See above. Further, it is pretty hard to win any case in the NYC Traffic Violations Bureau (although I cannot provide odds).
Matthew Weiss
Good morning
I got an ticket for talking on the phone, my record is clean but now my main concern is if the insurance company is going to find out and raise my quote now or later?? For how long the 5 points are going to stay on my record?? It’s worthed fighting the ticket in court?? I did the defense driving course this year but before getting the ticket, does it help in any way to reduce my violation points? Or I have to take another defense class to reduce my points?? I know the course is good for a period of 3 years…
Adrian,
Answers below in bold.
Will my insurance company find out and raise my quote now or later?? Yes they will find out but no they won’t raise your rates (unless you have other convictions within the last 36 months, or prior claims or accidents).
For how long the 5 points are going to stay on my record?? 18 months from the date of offense for DMV point purposes and 36 months from the date of conviction for insurance purposes.
Is it worth fighting the ticket in court?? Yes, we recommend fighting it because 5 points is relatively a lot to get at one time.
I did the defense driving course this year but before getting the ticket, does it help in any way to reduce my violation points? No because you took it before the date of offense.
Or I have to take another defense class to reduce my points?? You can take this class once every 18 months so you’ll have to wait.
This morning I was pulled over for usage of my cell phone ( just touching the home screen) Although I am aware I clearly should have not done that the Officer said to show up at Court. Since this is my first ticket and I am pleading Guilty Is there any way I can just pay the ticket without going to court?
Ashlee,
If you simply want to plead guilty, then you likely can do so without going to court. Otherwise, you can appear in person to fight it (or try and see if the court has a “hearing by mail” procedure).
Matthew Weiss
Thank you for the reply.
Just a quick follow-up question:
If I take a defensive driving course now after the 5 point cell phone ticket, does that drop my record to 1 point, and absolve me of the driver assessment fee, which kicks in if I get convicted for another 3 point ticket in a few months’ time?
Thomas,
The class will get you up to 4 points off your record but it does not help you save the Driver Assessment Fee. In other words, the point reduction does not apply to your liability to pay this fee.
Matthew Weiss
Hi Matthew,
I really appreciate the wonderful service you’re providing by giving great advice to regular motorists.
I have a few questions, so please bear with me 🙂
I have an NJ driver’s license and got a NYC cell phone ticket in 11/2014 while stopped at the light (my first ticket ever).
Now if I’m found guilty in an 11/2015 hearing, will the “points” stay on my NY driving record till 5/16 or 5/17? If it’s 5/16, in essence the points are on my record for 6 months?
What about the violation “record” (not points) on the NY and NJ driving history: how long do they stay (and what is the start date, 11/14 or 11/15)? How long can insurance companies see it?
Secondly, if I happened to get a speeding ticket in 9/2015 (3 points for going 7 over limit in 5-lane 25mph 6th Ave), but not convicted till 6/16, will my record have 5 or 8 points between 11/15 and 5/16?
Do I need to pay a NY driver responsibility assessment fee for just these two simple violations?
Thirdly, if I took a defensive driving course, will the result be sent to both NY and NJ DMV for points deduction? I’d think it’s best to do it after speeding conviction, since that violation will carry points in both states.
Thanks in advance for the help!
Thomas,
Your NY points from your November 2014 ticket will remain on your NY driving record for 18 months from the date of offense (i.e., until May 2016).
A conviction will generally remain on your NY driving record for 5 years from the date of convictions. Insurance companies can learn about it by running your driving record. In NY, they can only use it to raise your rates for 36 months from the date of conviction.
If you get a speeding ticket in September 2015, you record will not have any points for this ticket until your convicted. If and when you are convicted, those points will be added to your record retroactive to September 2015. So technically you do not have those points on your record until you lose the ticket but then they are added on back in time.
You need to pay a NY driver responsibility assessment fee anytime that you accumulate 6 or more points on your NY record.
Finally, if I take a NY Defensive Driving Class, then you can remove up to 4 NY points on your record. The class does not help you in New Jersey.
Matthew Weiss
Hi Matthew, I recently was pull over in Manhattan, ny for holding my cellphone while driving, I used to have a nyc driver license but on July 2015 I change my nyc license to a P.a license , I am planning to fight the ticket , because when I had my nyc license I was given 2 tickets for cellphone and I never fighted or paid for which end up in license suspended (ny license ), on my P.A license this is my first ticket , if I lose the case are the point will add up to the other points that I had on my nyc license or not? And are the points going to show on my p.a record ?
Hugo,
If you lose this case, any points on your NY record within 18 months of the date of offense will be aggregated together to determine whether additional penalties apply.
Matthew Weiss
I received a cell phone infraction in the state of NY. I have a CT license how will the 5 points impact my CT license. Also will my insurance increase?
Sarah,
The points from a NY conviction do not transfer onto your CT license as points. The conviction however will be reported to CT and, therefore, can be seen and used by you CT insurance company to possibly raise your rates. I recommend that you contact your insurance company and inquire.
Matthew Weiss
I have a NYS license and just received 5 points for a cell phone use conviction.
No argument there, but can you clarify the NYS insurance law position on preventing insurance companies for subsequently raising rates for a single “minor” voilation.
And under the insurance demerit system is cell phone use still classified as a minor violation.
I ask because there does seem to a lot of confusion about whether cell phone use is now, at least under NYS rules, considered a major violation.
Notwithstanding I have copied your response below to Denise on sep 22nd and confirming that hopefully this is still the case.
Will my insurance go up? (No, unless you have accidents or other convictions within 36 months.)
thank you
Nick Banks,
A conviction to just one cell phone ticket is a “minor” violation as it relates to a possible insurance hike. I hope this info helps you.
Matthew Weiss
Hi Matthew,
I left a comment here last night but not sure if it went through.
I have a NJ license and recently got a ticket in NY for use of a handheld device at the approach of the GWB. I was not on the phone or texting but did glance away from the road and at my phone for a few seconds while sitting in traffic (I did touch the phone at that point). I now understand that the fine is for $130, but it also carries 5 points which is my bigger concern. I cannot afford for these points to impact my insurance premium. Should I plead not guilty? I read some forums which stated winning such cases in court are tough, plus I live far in central Jersey and cannot keep making court visits in case it extends out for some reason. Please advise on the true impact this ticket will cause on my NJ license and insurance. Would getting a lawyer help mitigate these risks? How much could it all cost? This is my first cell phone ticket. Please advise on my best route here.
Thanks
Misha Choudhury,
The impact of this ticket on my NJ license is minimal. While NY will give you 5 points on your NY record, NJ will not give you points for this ticket. However, if you get 3 such convictions in NJ (and NY ones count as part of the 3), then your NJ license can be suspended. So, if you are found guilty, then this is strike 1. In regard to your insurance, if you have an otherwise clean record, then this one ticket should not have much impact. If you have others, however, then this ticket could result in your rates going up. I recommend contacting your insurance company to see what it says about this item.
An experienced NY traffic ticket lawyer may help you beat this ticket but, in NYC, they do not plea bargain. Therefore, it is tough to win and there will be no guarantees. Some motorists hire lawyers like me to maximize their chances of winning. Others decide that they do not want to pay a legal fee if their chances for success are not high. It is a personal decision which I cannot make for you. However, feel free to email me directly if you have any other questions.
Finally, the cost of a first cell phone ticket is usually around $200.
Matthew Weiss
mweiss@888redlight.com
I am a New York Resident but will be a Pennsylvania resident within a month and a half. If I received a 1225(d) ticket for operating a portable electronic device will the points transfer from NY to PA when I switch my license over?
Timothy Platt,
Points from a NY conviction will not transfer onto a PA license.
Matthew Weiss
I was hoping you could offer some advice…
I was pulled over my a police officer in NYC earlier this month for holding my phone. I was stopped in traffic and I picked it up for a second to turn off the sound. I normally never even touch my phone when I am driving but I was just back from vacation and it was going off like crazy. When he pulled me over I explained that exactly and stated that I never normally would do that etc etc…he came back with a ticket and stated that he was going to give me an equipment violation which carries no points and is much less than a texting fine. I went home and paid the $98 fine and moved on. I just got a notice stating that I did not pay the entire fine and that I owe another $40.00 so when I went online to pay it stated that I would also receive 5 points!!!! Now I do not know what to do. I would have definitely fought that! Now, I feel like I am stuck…I already “plead guilty” but I feel like it was under a false pretense. Is there anything I can do?
Candace,
The only
option
is to file an appeal arguing that you did not understand the consequences of your guilty plea and explaining why. Perhaps, the Appeals Board will allow you to rescind your guilty plea and schedule a court date. With that said, do not expect a favorable result.
Matthew Weiss
Hi Matthew,
I received a ticket for NY VTL 1225C 02A. From what I understand the officer is alleging that I was engaged in a call (vs. texting, etc as outlined in 1225D). I did have my phone in my hand when the officer saw me but I was not engaged in a call. I was offered a non-moving violation and what I feel was an unreasonable fine which I turned down. My trial is in a few weeks. I do not have an attorney. Just to be clear, my cell phone records should be sufficient to establish that I was not engaged in a call? Should I testify too? If so, I assume short and sweet is better to limit their cross-examination of me? Thoughts on whether I should cross-examine the police officer?
Thanks!
Allie Ryan,
Answers below in bold.
My cell phone records should be sufficient to establish that I was not engaged in a call? Not really. We have seen judges reject such records stating that you may have another phone or how do we know these are the records for the subject phone? Further, they can reject them as not authenticated (a fancy way of saying, rejected because they do not comply with the unique rules of evidentiary procedure).
Should I testify too? Yes.
If so, I assume short and sweet is better to limit their cross-examination of me? Yes.
Thoughts on whether I should cross-examine the police officer? Yes, most definitely.
Good luck!
Matthew Weiss
PS In my option, your non-moving violation offer is a VERY good one (even with a high fine).
I was pulled over and given a ticket for a cell phone while driving on NY. The officer said he seen me moving my fingers while passing him. I was not using my phone. I have no texts or calls for the time of the ticket. The closest text or call is at least 10 min away from the time of the ticket. This is my first cell phone ticket. The officer also never asked if I had a hands free device in the car which I did have. Question 1: is it possible they will just make me pay and give me no points being that it is my first cell phone ticket? Question 2: should I fight it alone or should I use a lawyer? My biggest thing is to avoid points and beat it completely if possible. Please advise me what is in my best interest.
Brandin,
Answers in bold below.
Question 1: is it possible they will just make me pay and give me no points being that it is my first cell phone ticket? Yes, it is possible but depends on the court and judge.
Question 2: should I fight it alone or should I use a lawyer? That is your decision but I firmly believe that an experienced NY traffic lawyer is a great asset and sometimes can make a big difference.
Matthew Weiss
Does a use of electronic device points transfer to Pennsylvania? I know it is 5 points but will they transfer?
Tim,
Points from a NY conviction will not transfer onto your PA license (Note: Based on the current law).
Matthew Weiss
I am from MA, with MA license and plates, and received a ticket in upstate NY last week for holding my cell phone while looking at GPS. I did touch the screen to scroll at one point. I was pulled over and given a ticket for OPER MV while using cell phone. I knew it was a law to talk or text on the phone in NY but I was doing neither of those. The police officer even recorded my quote on the ticket “I was using GPS. Can’t I use GPS?” Being from eastern MA, I didn’t realize this was a new law in NY.
Is there any way to fight this ticket? Could I mail an explanation in with a non guilty plea or would I have to actually appear in court in NY? Will this affect my MA license if found guilty? Thank you.
Kristen,
You cannot “use” an electronic device while driving which includes using the GPS function on your phone. With that you said, you can plead not guilty and fight this ticket. You or your NY traffic lawyer would have to appear on you court date. If you plead not guilty, then this ticket likely will be reduced to a less serious charge.
Matthew Weiss
Hi..i received a ticket for holding my cell phone 1225d (1) in Queens on Friday on my way to work. I looked at the time on my cell while at the red light as my car clock is off. The cop said I could see you weren’t on your phone or using it but you cant even hold it. I have a clean driving record. Should I bother pleading not guilty? Can I fight this? I am worried about the points. Also if I lose are points or fees added? Will my insurance go up? Finally do I pay immediately or after the hearing?
Denise,
Answers in bold following each of your questions below.
Should I bother pleading not guilty? Yes, because it carries 5 points and that is a lot to get at one time.
Can I fight this? Yes.
Also if I lose are points or fees added? Yes, 5 points and roughly a $200 fine if you lose.
Will my insurance go up? No, unless you have accidents or other convictions within 36 months.
Finally do I pay immediately or after the hearing? You can ask for two weeks to pay the fine if you lose.
Hi Matthew,
Today morning, I got a ticket for “driving while on electronic device” — for cell phone text and drive.
Location: near to canal street china town, NYC
But I was not using my cell phone — there is no record of text and phone call during that time on my cell phone. I was standing on red light signal and just adjusting the mobile — only 10 sec. cop came and he gave me ticket, I tried to explain but he was not in mood to listen anything.
I have new jersey license and this is my first ticket. What should I do as I drive daily to nyc
Should I plead guilty or no guilty
Abhi,
You should plead not guilty. This ticket carries 5 NY points and you drive in NY regularly. Five points is a lot to get at one time as you are only allowed 10. At 11, your NY privilege to drive here with your NJ license can be suspended.
Matthew Weiss
i gained a lot of insight while reading other comments. Thank you!
I have not received a ticket for anything in at least 20 years, and in the past three months I got two texting tickets (I can’t fight them because I actually pressed the call back button once and the second time moved my phone, which had fallen). I have a NJ license and both tickets were in Brooklyn. I am in Brooklyn very often working.
1) will they effect my Nj license?
2) will my insurance go up?
3) should I take a class in NY?
Thanks for your help!
Lilly Levy,
Answers below:
1) will they effect my Nj license? Yes but you do not get any NJ points for these tickets. However, in NJ, if you get 3 convictions for texting and driving (and NY convictions to this offense count), then your NJ license will be suspended.
2) will my insurance go up? That is possible. You need to ask your insurance company.
3) should I take a class in NY? Yes, because these tickets each carry 5 points and, at 11, you can be suspended. Taking the class will knock 4 points off your record.
Matthew Weiss
i got a ticket for use of electronic device while driving in brooklyn ny, i have a clean record ,when the car was stop at red light i just clicked on the home button of iphone to check the time because my cars timing was wrong, but i was not making any phone calls or text messages, the officer even told me (TO PLEAD NOT GUILTY) idk why she gave me the ticket then. please help
Faizan Choudhry,
From what you write, you are guilty of this violation. You may not “use” an electronic device while driving and clicking a button is using it.
Matthew Weiss
Mr. Weiss what is the difference between 1225c and 1225d1? I received the second one I forgot to mention in the message yesterday.
Mario,
VTL 1225c is the law prohibiting drivers from using a cell phone without a hands-free device while VTL 1225d1 is the law prohibiting drivers from “using” an “electronic device” while operating a motor vehicle.
Matthew Weiss