How Does A NY Electronic Device Ticket Affect My New Jersey License?

56 Comments
A New York electronic device and cell phone ticket does not currently carry points in New Jersey.  Therefore, a New Jersey motorist that is convicted in New York of either such offense will NOT get any New Jersey points added to their New Jersey license.  The reason for this is that points for an out-of-state conviction only transfer onto a New Jersey license when New Jersey assigns points for that same offense (and only 2 get transferred per offense even if New Jersey would assign more points had the offense occurred in New Jersey).
However, a New Jersey motorist convicted of such an offense in New York will get points in New York and New York will keep track of those points. If that New Jersey driver gets too many New York points on their New York record, then they can be suspended (just like a New York driver).
Further, a NY conviction will be reported to NJ and, if a New Jersey driver is convicted of 3 cell phone and/or electronic device tickets (including ones issued in New York), then New Jersey will suspend that motorist.  Finally, such a NY conviction can negatively impact a NJ driver’s insurance rates.
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56 Comments. Leave new

  • Just got a “use of electronic device – 5 points” ticket in NYC – my license is from NJ. Came across this post written in 2016. Wondering if the same is still true for 2020.

    Reply
  • I have a new jersey driver licence and i have a TLC license in new york city.. i received a ticket on highway from NYPD Highway patrol
    ” opr motor vehicle while using electronic device ”
    if i plead guilty and pay this ticket , i understand that i dont get points on my new jersey licence but how about my TLC license? I drive uber in NYC ?
    That violation goes from new jersey licence to TLC license just because i have jersey licence?

    Reply
  • Matthew I have a NJ CDL. Is this treated differently?

    Reply
    • Greg Gallo,

      I unfortunately do not practice in NJ so do not know the answer to your question. I suggest Googling it.

      Matthew Weiss

      Reply
  • Oscar Tenesaca
    January 16, 2019 1:49 pm

    I currently received a new york ticket for being on my phone while driving, i already have 2 points on my license does the points transfer over to my new jersey license

    Reply
  • i take a ticket phone device in Ny, should i plead guilty and pay the fee? i want to keep my record i don’t want 5points on my license of Nj?

    Reply
    • Matthew Weiss
      January 16, 2019 3:45 pm

      Shnider,

      Please re-read my article to understand how a NY conviction to this offense will impact you in NJ.

      Matthew Weiss

      Reply
  • What if I have a New Jersey license but New York state insurance? Will the infraction show up on my New York State contract?

    Reply
    • Tom Frederick,

      First off, something needs fixing. If you live in NY (or NJ) you need to have proper home state for your license and registration.

      With that said, a NY conviction can negatively impact your NY insurance rates.

      Matthew Weiss

      Reply
  • Can an NJ resident take an NY defensive driving course to reduce points for DMVNY

    Reply
    • Matthew Weiss
      August 17, 2018 8:34 pm

      Clint,

      Yes, you can take the class but will need your 9-digit NYS ID number to get the credit.

      Matthew Weiss

      Reply
  • Victor Morton
    July 6, 2018 7:04 pm

    Got one of these today, dead stopped. He claimed he saw me on my phone but it was on my lap not in use.

    Do the 5 points come over from NYC to NJ

    Reply
  • Nick Cavagnaro
    June 13, 2018 11:00 pm

    Matthew,
    Question I have a cell phone ticket in the Bronx from sept 2016 that I kept postponing to now. The officer told my to keep postponing and he would retire in two years. My court date is June 21st 2018 next Thursday.
    I am from NJ I have 0 points on my license and was driving on the crossbronx stuck in traffic. Over the years in NJ I received other cell phone tickets 4 actually many many years ago. Since then all my cars are equipped with Bluetooth hands free and I have not had other convictions. I have no record or violations in NY and I wanted to know if they check my NJ record in the court room. Any other advice you can give me ?

    Reply
    • Matthew Weiss
      June 14, 2018 10:14 am

      Nick Cavagnaro,

      The judge at the Bronx Traffic Violations Bureau will not be able to check your NJ record. He or she can only see your NY record. Further, the judge can only look at your NY record if and when you’re found guilty. Good luck next week in court.

      Matthew Weiss

      Reply
  • I am an excellent NJ licensed driver with no record who received an Electronic Device ticket in NY today ( I was unable to see my google navigation as I am in between getting new glasses. Late for Work I was looking for other options, quickly as I was in the middle lane stuck in traffic) Is worth fighting and though the points do not not transfer to NJ, as stated above, do the NY points affect my insurance?
    Thank you in advance!

    Reply
    • Matthew Weiss
      May 31, 2018 12:51 am

      Liz Deme,

      A NY conviction will be reported to NJ so it could be used against you by your insurance company. I suggest calling it and inquiring about its effect.

      Matthew Weiss

      Reply
  • nj driver with 1st time cell phone ticket in nyc, otherwise clean record. should i just plead guilty and pay? the 5 points will not get transferred over as 2 right? thank you in advance.

    Reply
    • Matthew Weiss
      April 17, 2018 6:25 pm

      Jay,

      Correct (as this article states). If you lose this ticket, you’ll get 5 NY points but no NJ points.

      Matthew Weiss

      Reply
  • Israel Hazan
    April 1, 2018 11:46 pm

    I have to go to court for a NYC cell phone ticket this week, if I just pay it an plead guilty and then switch my license to Florida or New Jersey as I have homes in both places will I be clear of the points?

    Reply
    • Matthew Weiss
      April 2, 2018 3:10 pm

      Israel Hazan,

      NY will keep a record of your tickets here (regardless of where you move your license). Even as an out-of-state driver, too many tickets in NYS could result in a suspension (just like a NY driver). BTW, FL gives reciprocity to most NY convictions.

      Matthew Weiss

      Reply
  • Nj driver was issued a cellphone ticket in NYC…Has the law changed from these previous posts about the 5 pointsnot transfering to NJ?

    Thanks in advance

    Reply
  • is it worth getting a lawyer for a cell phone infraction in NY with a NJ license?? Or should I just plea guilty an pay the summons ?

    Reply
    • Joey,

      If your cell phone ticket was issued in New York City and you have an otherwise clean NY and NJ driving record, then it would not be unreasonable to just pay it. However, if issued outside NYC or if you have convictions or other open tickets, then you should definitely fight it.

      Matthew Weiss

      Reply
  • Hi Matthew,

    I have a NJ driver’s license and had my first cell phone ticket over 8 years ago before the new NJ law came into effect. Then, I got my 2nd cell phone ticket 6 months ago in March 2017 in NJ, which is after the new law got into effect. I just got a ticket in NYC today on 9/9/2017 for “use of a prohibited electronic device while vehicle in motion”. What happens to me in this case?

    Does this mean 3 tickets for my record on my NJ license, which is the suspension? Or, since my first one in NJ was before the new law got into effect, does this mean 2 tickets on my record?

    Reply
    • Nick,

      I unfortunately cannot give advice on NJ law. I suggest you ask this quesion to a licensed NJ traffic lawyer.

      Good luck.

      Matthew Weiss

      Reply
  • First Cell phone violation in NY is it an automatic five points? I am supposed to sign up for Uber and I am not sure if they will reject my application.

    Reply
    • Matthew Weiss
      August 18, 2017 12:19 am

      Jay,

      If you are convicted of a cell phone ticket, then you do get 5 points. There is a class that you can take called the “Driver Safety Class” which will deduct up to 4 points from your total.

      Matthew Weiss

      Reply
  • Hello, I hope this message finds you well! I received a cell phone ticket violation in NY but I have an NJ drivers license, officer said that “Right Hand was on Right Ear and mouth was moving as if talking”. I was talking at the time but I was on my car speaker on a phone call asking for directions..When he stopped me I said I was talking to my aunt asking for directions but through the car speaker. The phone was never in my right hand or on my right ear. Of course he didn’t believe me and issued the ticket. Today I went to court and pleaded not guilty, presented my case to the judge that, There was no phone in my hand or on my ear. That I have a habit of pulling my hair back behind my ear and that maybe that was why he mistaken that gesture with using the phone. I even brought my 23 year old daughter to testify who was in the vehicle with me at the time, and she told them that I was not holding the phone and that it wasn’t on my ear and that I was speaking through the car speaker. And the judge ruled it as guilty and now I have 5 points and $134 to pay. I want to appeal the decision, do you think I can appeal it? Also the officers wrote on the tickets that my car was black when in fact my car is blue. I’ve felt sick to my stomach all day today for forgetting to mention the car color as being incorrect on the violation! I was wondering if the officer writing the car color wrong would have dismissed the ticket?! And if I decide to appeal should I mention the wrong car color on the appeal or will it not make a difference?! Hope to hear from you soon!
    All the best–Amy 🙂

    Reply
    • Matthew Weiss
      August 9, 2017 10:29 am

      Amy, the wrong color does not render your ticket fatally defective and, if you failed to mention it during your hearing, will not be helpful on an appeal. With that said, you can try appeal (you have 30 days to do so from the hearing date) but it is VERY hard to win a traffic appeal.

      Matthew Weiss

      Reply
  • I got a NY Electronic device ticket, but the car belonged to my father’s to borrow and it’s part of his insurance.

    Does that mean the 5 points i receive in NY gets transferred to my NJ license? Does it also affect his insurance premiums?

    Reply
    • Matthew Weiss
      June 30, 2017 10:58 pm

      Ziggy Adam,

      A NY Electronic device ticket does not currently transfer as points onto a NJ license. NY will give you 5 points on your NY record and this conviction can adversely affect your insurance rates, however.

      Matthew Weiss

      Reply
  • I received and electronic device ticket in NY, but have NJ license. My understanding that the points do not transfer to NJ license. I’m planing to moving back to NY next month and switching my license back to NY. Will this points be added to my NY license after I switch?
    Thank you

    Reply
    • Anna,

      NY keeps track of points accumulated on out-of-state license. That NY record remains in place when you change your out-of-state license over to a NY license.

      Matthew Weiss

      Reply
  • Hi I got 2 tickets in NY for holding cellular phone one 2015 and 2012 with NJ license. I got a ticket recently In NJ for holding cellular phone I have to appear in court April 25 2017. Do they consider this a 3rd offense and I’m in risk to get my license suspended. Beside that my record is clean no speed tickets, or any points tickets.

    Reply
  • Daniel Vandaly
    April 23, 2017 11:01 am

    I recently received an electronic device ticket in Manhattan but have an NJ lisence, they are currently on a cracked down in NJ right now does ithat still hold no point in NJ I have 10 points in NJ and can’t afford to loose my license in nj. Is it worth fighting? Or should I pay the fine and move on?

    Reply
    • Daniel Vandaly,

      It is worth fighting for the reasons mentioned in this post. As far as I know the law has not changing regarding NJ giving 0 points for such tickets. However, we do not practice in NJ and are not licensed there so we recommend that you contact a NJ traffic lawyer to check.

      Matthew Weiss

      Reply
  • I’m licensed in NJ but received 1 cell phone ticket (5 pts) and 1 no signal ticket (2 pts) in Manhattan for a total of 7 NY points. My question is, will I have to pay Driver Responsibility Assessment fee if I’m licensed in NJ?

    Reply
  • Hello, my wife recently got a cell phone ticket in NJ, but then just yesterday got another electronic device ticket while in NYC. My understanding so far is that this NYC ticket will not cause points to accrue on her NJ license, but what about the insurance rates given that this was a second offense? I’d appreciate your answer very much. Thank you.

    Reply
    • JWY,

      A conviction to a NY electronic device ticket will be reported to NJ and, therefore, can negatively affect your wife’s insurance rates (even though points do not transfer).

      Matthew Weiss

      Reply
  • it might affect your insurance rates and or underwriting. points or no points.

    Reply
    • Steve,

      An electronic device ticket will NOT affect your insurance rates if you have an otherwise clean record. However, if you get another conviction or accident with 36 months of the date of your electronic device, then your rates could be raised.

      Matthew Weiss

      Reply
  • GEVORG HOVHANNISYAN
    December 13, 2016 9:11 pm

    I use to live in NY, I had tickets pending on my NY license until today, but now I live in PA and I carry PA driver license, I surrender my NY license. Couple days ago I got pulled over in NY for cellphone with my PA license and now I am checking and it shows 5 point there, it seems like it will be on my NY license, is it possible that it will effect my old NY license ? can I plea guilty and pay the fine ? does the points will effect my old NY license ? I consider now out-of state driver.

    Reply
    • GEVORG HOVHANNISYAN,

      If you surrendered your NY license, then this new ticket will only impact your PA license. Yes, you can plead guilty and just pay the fine (if you want).

      Matthew Weiss

      Reply
  • Michelle Mendelsohn
    November 9, 2016 11:13 am

    Does it carry points in the State of Florida?

    Reply

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