Anyone found guilty of violating the new law prohibiting texting and driving will be assessed 3 points and a fine of up to $150. I recently had a chance to review the portable electronic device law and, overall, I am concerned about a floodgate of wrongly-issued tickets being handed out.
First off, keep in mind that, under VTL 1225-d, the mere holding of a device while driving gives rise to a presumption of use. Therefore, if a police officer sees you just holding or fidgeting with an electronic while you are behind the wheel, he can issue you a ticket and YOU will be responsible for proving that you were not using it (as opposed to the other way around).
Given this presumption of guilt, I envision many motorists who are holding an iPhone or Adroid being issued a ticket even though they may be legally using it to make or receive a telephone call. The word “use” in the new law intentionally omits talking or listening to phone calls (VTL 1225-c governs driving and using an electronic device as a phone, and authorizes using a “hands-free” mobile phone).
Therefore, I expect a rash of tickets being issued by officers who will not be bothered ascertaining what use the motorist was making for his or her device. In fact, I was just emailed yesterday by a motorist who was issued a VTL 1225-d ticket for texting. However, he merely pushed the speaker button on his cell phone to hear a call while it was legally sitting on his console.
Don’t be fooled by the lack of tickets being issued under the old texting and driving law. That law contained a major loophole (first identified by me in October 2009) which made it difficult to enforce. The new law fixes this issue and, in my opinion, will lead to rash of tickets.
GPS devices present an interesting question. While some newspapers have written that GPS devices are omitted from the new law, they DO come within the reach of VTL 1225-d as a “handheld device with mobile data access” or as a “portable computing device”. If it is built into your vehicle or affixed to the surface of your vehicle, however, it is not a “handheld” or “portable” device and exempt from this law.
Another issue is whether motorists can “check” their device while stopped at a red light. The new law prohibits using your electronic device while the car is “in motion”. I expect that most courts will interpret “in motion” to mean when the motorist is behind the wheel with the car in “Drive”. Therefore, stopping at a light is “in motion”. I highly recommend pulling over to a legal parking spot if you need to text or otherwise use an electronic device.
Finally, I expect motorist using legal mp3 devices to also be wrongly ticketed. Under VTL 12225-d(2)(a), the term “Portable electronic device” is defined as “any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.” It does NOT mention mp3 players and, therefore, does not prohibit their use (unless of course it also has computing, gaming or texting capacity like an iTouch device). Of course, don’t be surprised if zealous police officers write you up for using an mp3 especially while the law is still new and police officers have not been fully educated.
Below is the text for the revised law in New York prohibiting texting and driving.
§1225-d. Use of portable electronic devices.
1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion.
2. For the purposes of this section, the following terms shall have the following meanings:
(a) “Portable electronic device” shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
(b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.
3. Subdivision one of this section shall not apply to (a) the use of a portable electronic device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital; a physician’s office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter.
4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle is presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section.
5. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a portable electronic device, unless otherwise provided by law.
6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred fifty dollars.
380 Comments. Leave new
I recently received a 1225d1 ticket in Brooklyn, NY. I had quickly picked up my phone to start its GPS function and in the maybe 10 seconds I had the phone in hand I was pulled over. I realize I will not be able to get out of the ticket. Realistically being that is is a TVB ticket in NYC do I have any chance at all at reducing the points given by fighting the ticket? What is the best way to approach a hearing for this?
I have a previously clean license with no tickets for violations…
Thanks!
Jonathan Mix,
No chance for a reduction because they do NOT do this at the Traffic Violations Bureau courts. In regard to your “best approach” question, there is no real answer. I recommend that you read my article entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau“. It should help you better understand the process.
Matthew Weiss
I was pulled over earlier in the year for taking on speakerphone and was given a ticket citing 1225d. I have pleaded not guilty and have an appointment with a judge this coming week. I am a resident of New York but this is my first offense. I just have to tell the truth and hope they are lenient? Thanks!
Lindsay,
If you case is not scheduled in one of the Traffic Violations Bureau, then you should be able to negotiate this down to a less serious charge. Don’t admit (or deny) the charge. Simply, inquire whether a plea deal can be worked out.
Good luck!
Matthew Weiss
I was recently driving and was pulled over for being on my phone. The thing is, I wasn’t even holding it. I drive a truck and had my elbow on the center armrest and was kind of leaning and resting my head in my hand. I can totally appreciate that this must have looked to the officer like I was on a phone while I passed him. This is the first ticket I have ever received (driving for over 20 years) and I planned on fighting it. Will by cell phone records be enough evidence of they don’t show a call anytime near the time of the ticket?
Jimg,
Your records may help but they unfortunately do not guarantee a dismissal. Many judges are skeptical of such proof (and others are jaded). I have heard some say “How do I know you don’t have another phone?”. With that said you should definitely plead not guilty and fight this 5-point ticket (especially given that you drive for a living).
Good luck!
Matthew Weiss
Hello,
I’m from Philadelphia, PA and was visiting NYC yesterday. Had a GPS device in my right hand when cop pulled me over and got 1225D 1 ticket. Should I fight it or just pay $50 and forget about it?
What about points? Will I get any?
Thanks,
Michael,
This ticket carries 5 NY points but will not transfer as any points on your PA license. If you don’t drive in NY often (and don’t have other recent NY convictions), then you can just pay this one.
Matthew Weiss
Hi
Electronic device ticket
we both on red light wating for green light officer ask me are you on the phone
I say no, listening music with hed phone.
Then I got ticket.
Ticket say ( white earpiece in his left ear. White Earpiece is connected to a I phone )
Ebad,
I recommend that you plead not guilty. This is the only way to possibly to save points.
Matthew Weiss
Hi,
Was driving today and was at a red light, and had my phone in my hand checking the gps, only thing on my phone was that. From Mass and never drive to go on vacation, was not familiar with the NY law, i explained to the officer that i was not from the area and was lost, i apologized and was more than nice. Was given a 138.00 ticket. How do i go about appealing it and im assuming they dont do appeals over the phone which will mean i have to to back ? . I have nothing on my driving record and am pretty mad that it was a simple thing of me not knowing where i was
Taylor,
You do not “appeal” a newly-issued ticket. You can plead guilty or not guilty. If you plead not guilty, then you (or your NY traffic lawyer) likely will have to appear in court to answer it. However, if MA does not assign points for this type of ticket (and it does not affect your insurance in MA), then you may want to just pay it. Otherwise, you can retain a NY traffic lawyer to appear for you.
Matthew Weiss
Hi,
I got a 1225D ticket when I used my phone to play music in front of the red light. Can I fight for this? What is the best result If you fight for me. How much you gonna charge me for this kind of ticket?
Rj,
You can definitely fight this ticket by pleading not guilty. Potentially, the best result is a dismissal. I’ll email you further details off-line.
Matthew Weiss
I was recently given a ticket for portable hand held device. I had it propped up on my dash board in heavy Staten Island traffic one morning. Picked it up for 30 seconds because of sun glare and bamm..ticket. Bad timing on my part. I live in New Jersey. Other posts suggest that the 5 NY points would not transfer because NJ does not have points associated with that violation..Is that true?
If so should I just plead guilty, pay the 138.00 ticket and move on?
Thanks
JJ
JJ,
Yes, that is true under current NJ law. Assuming you have no other NY convictions and do not drive in NY often, then you can just plead guilty and pay this ticket.
Matthew Weiss
Mr. Weiss
Thank you for this site and taking the time to help people out.
I am a 61 year old iron working, coming home in bumper to bumper traffic (2.4 hour commute), had the rotten cell phone in my lap and answered a call. 2 Cops were next, the one in the passenger seat saw me and pulled me over (traffic was nearly stopped). Given your site I see it would be deemed a violation but I should plead not guilty and hope for a reduction in points.
Last thing I need is 3 points and an increase in my insurance.
Any further suggestions?
And thanks again.
DM
Dan Mumm,
Thanks for your kind compliment. This ticket is actually a 5-point ticket. However, if you have an otherwise clean driving record over the last 36 months, then a conviction to this offense alone will NOT result in your insurance rates being raised. Further, if you plead not guilty, you may be able to get this case reduced to a less serious charge (assuming it was issued outside of the Traffic Violations Bureau system).
Matthew Weiss
Hi Matthew,
First, I want to echo others on here thanking you for serving as such a helpful sounding board. Really appreciate it. I got stopped the other day just before leaving Manhattan and cited for using my phone – I was heading out to an event on Long Island and had google maps up. I don’t specifically recall holding my phone, and usually have it in a cup holder or propped elsewhere, but the officer said he saw it in my hand and that’s why he pulled me over. My question is this – I’m here in NYC for somewhat of an extended stay (my drivers license and car are both registered in Virginia), and trying to decide how to plead. I would typically challenge something like this, but if, as I think I understand below, NYC is a jurisdiction that is all-or-nothing, it might not be worth the time to challenge it. In trying to make that decision, though, I’m wondering if you have any idea whether my insurance would take a hit with a guilty plea/sentence – believe VA has banned texting while driving, but allows GPS usage. And if I enter a guilty plea, would the discrepancy be relayed to VA?
Thanks for the help!
DJ,
Thanks for your compliments. A NY conviction will be reported to VA and be added to your VA license as if it occurred there. Therefore, you need to inquire from a Virginia traffic lawyer as to the consequences on your license (and insurance) of having such an offense on your record. If it is worth fighting, then feel free to email us as we can fight it without you attending. Of course, as you know, NYC is an all-or-nothing court so these types of cases are hard to win.
Matthew Weiss
Hi Matt. I received a 1225D ticket last night for holding up the phone to hear music. I told the officer the truth, that I was listening to a song and apologized, but of course was ticketed anyway (first offense). Under the law (which does not mention listening), do I have a prayer in court in I try to fight this and/or get it reduced?
Jon Lamanna,
Under VTL 1225d, in my opinion, you were illegally “using” the device while driving. With that said, you should still plead not guilty as this the only way to possibly save the points.
Matthew Weiss
So is it worth fighting? And do you think I have a chance of getting it reduced. Or just take it as a loss? Thanks
Chris,
I always recommend that you fight 1225-d tickets because they carry relatively a lot of points (5). Pleading guilty affords the only possible opportunity to obtain a more favorable outcome.
Feel free to call me us you have any further questions.
Matthew Weiss
212-683-7373
I was issued a ticket for “cell phone” , now I was talking to somone on the phone. But the phone was on my lap. Connected to my radio using using a cassette wire since my car is older. As I was finished with my conversation, I picked up my phone to end the call and put it back into my cup holder, And that’s when the officer saw me. And pulled me over. He came up and asked for my license and registration and said he noticed I was on the phone. I told him yes but it’s on speaker phone does that count? And he said “it counts towards the monthly quota” I did not say anything after that.. he took my license went to the car. Came back, gave me my ticket and left. Does this count as using cell phone device although it was connected through my radio? Thanks
Chris,
Arguably, you violated this law when you held the phone and ended your call. VTL Section 1225-d prohibits a motorist from “using” an electronic device while driving, and holding it and dis-engaging a call qualify as “use” under the statute.
Matthew Weiss
Thank you very much for taking the time to answer my question.
What about E-cig use while driving ? Can a Police officer ticket you for using your e-cigarette while driving ?
Tom H,
Interesting question. “Portable electronic device” is defined as “any hand-held mobile telephone ***, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.” It does NOT mention e-Cigs and, therefore, e-Cigs do not fall within the scope of the statute.
Matthew Weiss
Hi , I was absolutely devastated to have received a ticket last night as I was driving on the expressway in Rochester NY. I was taking one of my 3 autistic children to an after-school activity and I use my I-pod to play music to keep him cal in the vehicle. It was flashing something and I picked it up, it had a pictoral image of the cord on the screen telling me that the cord was incompatable and it was flashing red that is was “dying” though it was plugged in. This is a huge concern as in a former vehicle a few months ago I had a cord literally catch fire, albeit just for a moment and then fizzle out into a puff of burnt rubber and wire scented smoke. The officer approached my vehicle and not knowing why I asked him if I had been speeding, he said, “no, cell phone”. I obviously was confused, he looked at the license he had requested then asked , “so, who were you talking to?” I told him and showed him my i-pod that at this time had now “died” and told him It was an i-pod for music and I was fiddling with the cord. He said, “i-pod touch?” I said,” yes.” He left and came back with a ticket for operating an electronic device. He told me he saw the screen lit up. I of course will plead not guilty but I have 3 children with autism and I myself am disabled. A court appearance is something my nerves cannot emotionally endure much less the inconvenience, there are not people lined up to care for 3 autistic kids for several hours. I went home last night an absolute mess. My Mp3 player cant take calls or text. I asked him if there was a law about music players that I was unaware of? Also that I am a very conscienctious driver who does not use my phone while driving. It was elsewhere in my car. He told me with any handheld device including music players we had to pull over to change a song etc. ( which I wasn’t doing) But even what he told me seems very different from this law you speak of above. What can I do, I am in a full on panic mode?
Michelle M Hare,
First thing … breathe. Second thing, plead not guilty. If you do, you likely can negotiate this down to a less serious charge on your court date.
Good luck!
Matthew Weiss
Matthew,
I just received this ticket 1225d and want to make sure the points still don’t transfer over to my NJ license before I decide to plea.
Thank you in advance Bret
Bret,
Because NJ does not currently assigned points for such a violation (had it occurred in NJ), no NY points will transfer to NJ for such a ticket.
Matthew Weiss
I received a 1225-d this morning in brewster. The infraction”occurred while stopped at a red light. Officer pulled me over down the road. I was not using my cell phone when he said i was. I didn’t argue, nor did i acknowledge using it or for that matter, deny the use. I simply said okay, when the officer told me why he pulled me over. Obviously, I will plead not guilty, I was wondering if receiving official transcript from the phone company showing call/emails will help (i understand there”s a million things you can do while on a cell) ? Also, I notice that the law says while vehicle is in motion””. Again, I’d like to add I was not using my cell phone for any purpose at the time. Will question the definition in law for in motion (was at a red light) add to my defense at all. Thirdly I’ve heard that if the cop cannot “describe”the cell phone in any manner, it can be thrown out. Is there any validity to this?
Thank you for your time.
Anonymous,
A transcript may help if you go to trial but not likely. In regard to your second question, read my post “When Does Stopped Mean Moving? ” for the answer.
Matthew Weiss
Do i still need to go to court if i plead guilty? i dont understand why there’s a court date under the balance due? so if i plead guilty 5 points will be on my record? when will this 5 points go away?
Thank YOU
Moh,
It depends on the court whether you (or your traffic lawyer) must appear. Each court has different practices so I recommend that you call the clerk of the court.
Matthew Weiss
Hi Matthew,
My vehicle is equipped with Bluetooth for mobile phone and I mistakenly used the word “speakers” instead of saying “Bluetooth”. Can I plead not guilty and prove to the judge by showing my car’s original sticker listing all the features and highlighting the “Bluetooth for cellphone” and the VIN listed on the sticker, car registration and the title all matches? Do I stand a chance to prove my case?
Will appreciate your advise and prompt reply.
Thanks,
Lisa
Lisa,
You can certainly advance that defense. However, many judges are skeptical and very well may not believe that you were using your Bluetooth coupling. BTW, if this ticket is not answerable at the Traffic Violations Bureau, then you can likely negotiate this down to a less serious charge.
Matthew Weiss
Hello Matthew,
I’ve got a ticket on March 7 2014 while driving in Brooklyn with a record “use of portable electronic device operating a vehicle in motion”. I didn’t use anything while driving, not phone, not GPS, nothing. I did not use a blue tooth or a speaker at this moment. My phone was in my coat pocket all the time since I’ve got into the car. It is a completely wrong issued ticket. I told the police officer that the phone is all the time in my pocket and he said that I might put it just after I was stopped. It is very unfair and I feel unsafe because I have to prove I didn’t do anything wrong. Do I have any chances going fighting this ticket under the new law?
Thanks!
Anna,
As of June 1, 2013, 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. Your defense sounds like it will hinge on credibility – that is, whether the judge believes you or the police officer. In our experience, this type of defense is very hard to win because most judge will favor a police officer’s version. I wish I could be the bearer of better news but wish you luck in fighting this case.
Matthew Weiss
I received a 1225(d)1 ticket in Brooklyn about an hour ago. I was using my phone purely to look at a map which was already open/ use it as a GPS device while stuck in traffic. Officer who stopped me mistakenly thought I was texting, issued ticket anyway. The description/narrative reads “use of portable electronic device while in motion.” 1225(d)1 does seem to define viewing as use. I was planning to plead not-guilty and argue that I was not using it, but the ticket hasn’t posted to the DMv system yet, so I haven’t yet plead. Any thoughts?
Matt,
Your ticket will not “hit” the DMV’s online system for, at least, 10 days. Once you see it, then you can enter your plea. In terms of your defense. there is a presumption of use if a police officer observes you holding and viewing the screen constitutes “use” within the meaning of this statute. Specifically, VTL 1225-d(2)(b) defines “using” as “holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.”
With that said, you can still fight the ticket. There are many ways that possibly could lead to a dismissal.
Matthew Weiss
Hi Matt,
I received a 1225-D in Brooklyn. In the ticket description it says “Cellphone to Right hand — Right ear.” Is this grounds to fight? 1225-D is regarding texting not talking. Should I argue for it to be dismissed with this discrepancy?
Thanks
Mike
Mike,
Vehicle and Traffic Law 1225-d actually prohibits using any electronic device while driving. It therefore covers texting as well illegal cell use (even though there is a separate cell phone call under VTL 1225-c). Therefore, this “discrepancy” will not help you beat this case.
Matthew Weiss
Dear Matthew,
I got a ticket for using a mobile device (VTL 1225-D 01) while driving in suffolk county in the beginning of the summer. I have a pre trial conference tomorrow morning at 10am. I pleaded not-guilty because I was using my phones GPS to get me home from a new job I had just recently started. I usually put it on my center console area between the two front seats, but the phone had fell in between the cracks of my seat and and the center console as i was driving. I waited till I got to a red light to get the phone. I held the phone in my hand at the red light and saw that the GPS app had closed so before the red light turned green I was able to set the route back to my home and put it back on the center console. A cop saw me doing this at the light and pulled me over and gave me the ticket. I explained what happened to him and he said to plead non guilty. I understand that I probably wont be able to get the charged dropped, but pleaded non guilty to possible lower the fine and 5 points. I saw from earlier comment/answers that a VTL 1225 ticket fine in suffolk is 300-400! Is that only if a trial takes place in court and im found guilty or will it be less if i decide to pay the fine tomorrow at my conference. Thanks!
James,
You should plead not guilty to this cell phone ticket. This is the only way to possibly get this reduced to a less serious charge.
And, yes, the fines are very high in this court.
Good luck.
Matthew Weiss
Dear Matthew,
Thanks for your quick and kind responses! I hope you have a very successful business year and everyone stays safe on the road.
David
Dear Mr. Weiss,
What if you can prove to the court that you have remorse for texting while driving by doing something to help drivers not text so much?
David A,
You can try but I do not think this will get you very far. Good luck!
Matthew Weiss
Is anyone ever successful in fighting these?
Anonymous,
At trial, they are VERY tough to beat. If your court offers plea bargains, take it and run.
Matthew Weiss
Dear Matthew,
I was moving apartments and driving a van. it was a horrendously crazy day. I got pulled over and received a ticket right neat times square by a cop. They asked me what happened I told them I was moving and usually don’t drive in the city. They gave me a ticket for improper cellphone usage and was given a ticket. The ticket carries 5 points. Please note, the van had no middle seat and the officers could see straight into the front that I was on the phone. I was so tired that day I don’t remember if I was driving or texting. Further, cell phone records would indicate what I was doing. Should I fight it? It was my first ticket in NYC for driving since about 4 years ago when I got a ticket for not having a seat belt in brooklyn, which I paid. I do have a speeding ticket in Texas, which was kind of dismissed if I remember correctly, because the car wasn’t owned by me or something along those lines. I don’t remember the details, but am 99% sure no points were issued. Please advise and G-D bless for your help!
Regards,
David A.
David A,
You should plead not guilty and fight this ticket. This is the only way to try and obtain a more favorable outcome. The Manhattan Traffic Violations Bureau is a difficult place to win but you have nothing to lose to fighting it.
Matthew Weiss
Hi Matt,
I have a VTL 1225 ticket in Suffolk county. If the ticket is reduced to 0 points (parking ticket), how much would the fine be ?
Jon,
At the Suffolk County traffic court, the fine for such a ticket is roughly $300 to $400.
Matthew Weiss
hi matthew,
today i was driving to work and got a ticket for using an electronic device while driving. this ticket is unfair because i was not using my ipod. this is what happened: before i start driving i always place my ipod on the passenger’s sit and set my ipod for suffle so i dont have to use it or change songs. when i stopped my ipod slipped from the sit and i grab it and placed it in my purse. at the moment an officer stopped me and told me he saw me operating my electronic device. i tried to explain this to the officer but he was rude and did not let me talk. he even saw my ipod in my purse. my question is, should i plead guilty or not guilty?
Anonymous,
You should plead not guilty. This is the only way for you to possibly lessen or avoid points.
Matthew Weiss
Hello Matt,
Thank you for your prompt answer. So lets say, I get the 2 points final offer from the clerk, so when I go to the conference, can the prosecutor reduce it to 0 points if I ask him to do so? Please let me know.
Mike,
As I previously wrote, the prosecutor may offer you the same 2-point offer that you previously were made (or if you are lucky will offer you something better). You are still faced currently with a 5-point ticket (despite the prior offer).
Good luck.
Matthew Weiss
Hello Matt,
Thank you for your advice. When I went to the Hempstead Court to hand over my not guilty pleading ticket, the clerk offered me he would reduce the ticket from 5 points to 2 points. He also told me that if I accept this deal, he would arrange for the conference on that day.
I did not take that deal and now my court date is in Oct. I was wondering when I go there in Oct, if the same situation happens again, can I ask him to reduce it to 0 points or the 2 points is the final offer? Also, what is a conference? Please let me know
Mike,
You likely can get the same offer at your next court date (and possibly even get a 0-point offer). A conference in this context refers to a meeting with the prosecutor to discuss resolution of your case.
Matthew Weiss
Hi,
My 20 year old was pulled over and ticketed by a NYS trooper for violating NYS V and T Law Section 1255D in Rockland County. He was turning into the parking lot where the GPS portion of the phone instructed him. The officer pulled him over in the parking lot. How should he plead? Is there any advantage to pleading guilty?
Thank you,
Sue
Sue Rera,
Your son should plead not guilty. This is the only way that he possibly can obtain a more favorable result.
Matthew Weiss
Hi Matthew
I am a NJ driver with a NJ license who just received a 1225 D ticket for holding my GPS the ticket states ” improper use of electronic device”. Does NJ recognize this offense? And will I receive points on myy NJ license ?
Maria,
N.J.S.A. 39:5D-4 provides that New Jersey shall attach points to out of State offenses or violations of a substantially similar nature to moving violations in New Jersey. This statute appears on the N.J.S.A. Point Schedule. The Motor Vehicle Commission will add 2 points to your New Jersey Driving record if convicted of these out of state violations.
Currently, New Jersey does not assess points for improper use of an electronic device and, therefore, no points from a NY conviction to this charge will transfer onto a NJ license.
Matthew Weiss
Matthew! How right you ARE! This amendment of this very necessary law SUCKS. I was stopped Tues. by a a trooper, whom from a parked position some 50 plus feet away. Sitting in his car, at a 30 degree angle perpendicular to me, sees me holding something in my hand as I drove by at 30MPH, and tickets me. WHAT!!??? Walks up to me and asks for the usual LIc, reg, ins, etc. and I hear the words “I stopped you because you were using your phone.” I calmly responded, “I absolutely was not sir. I……” and he was gone! He didn’t want to listen to Jack I had to say. During the traffic stop my phone was no where in sight to the officer, and he didn’t even ask to see it. That floored me because I was indeed holding a rectangular black item in my hand as I drove by, my Fu!@#% wallet! If your going to write somebody a ticket for something…… wouldn’t you want to at least see the phone, if not for nothing more than piece of mind!? I mean after all if I was about to ticket a person of our society, and cost this person time and money. As well as possibly negatively affecting a relationship with that persons auto-insurance company for next few years. Hence costing the person $150.00 plus NY States cut, plus any insurance premium hikes. WTF??? Are you kidding me!?
Sorry didn’t mean to carry on but I am a little heated!
Anyway, the question…… My phone records will prove my innocents. Is that going to be enough!? I mean, I don’t want a parking ticket, or school, or any other offers out there. I want this completely thrown out!
Will my phone record indicating my last phone call was at 2:17 pm (made from a gas station parking spot) and no text messages sent or received between 2:17pm and the time of my ticket at 2:26pm be enough? I bought something at that gas station hence the wallet in my hand as I drove by the officer. I hold on to things while I’m in my car, I always did. Now with all the other things in my day I worry about, and have to account for. Now I have to consciously beware of what I am frig-in holding in my hand doesn’t resemble a electronic device! Oh yeah!
K…. I am done crying.
Thank you in advance for any advice.
Sincerely,
Chris
Chris,
Your phone records may not be enough. Often we’ve heard judges reply “How do we know that you didn’t have or use a different phone?” If you can get a 0-point deal, take it! These cases are hard to win.
Matthew Weiss
Hi-
I live in NYC and was recently driving my car back from MN (my car was stored in MN during my first year in the city and I have decided to try having the car with me in Brooklyn for the next 6 months as a trial- I still have a MN driver’s license). I was driving through Beacon, NY to pick up some friends of mine from the train station there and was using ‘Google Maps’ on my phone to find the station, as I have never been to Beacon before, nor have I even driven in New York before. I was going slowly on neighborhood side streets, as I was unfamiliar with the area, and glanced down at my phone to see where I needed to turn next. Then I see flashing lights in the rearview. Cop said he pulled me over for ‘texting and driving’. I explained to him that I was not texting, but was trying to find the train station and glanced down at the map on my phone. He said that using a portable electronic device in any form is against the law in NYC and I should know this from all the commercials on television and billboards on the roads. I explained to him that I do not own a television and have never driven my car in NY prior to this. The office was actually really nice, and advised me to plead ‘Not Guilty’ and appear in court. He said he would vouch for me that I was new to the area.
As I said, I live in Brooklyn, am a full time student, and a trip up to Beacon to fight the ticket will cost me an entire day and at least $40 in transportation.
The officer said that the ticket would be $85 with some services fees attached, but this is not indicated anywhere on the ticket itself.
I am trying to figure out if it is better for me to plead not guilty and try to fight the ticket at Beacon County court, or plead guilty and write an explanation. Do you think there is a chance the charge could be lowered? I am 28 and my last moving violation was when I was a teen for speeding- clean record otherwise. I don’t want this to affect my insurance and that is why I am considering the not guilty plea. Also- I don’t want to end up slapped with a $150 fine when the officer said it would be $85.
I would appreciate any advice you may have! Thank you!
-Katie
Katie,
This ticket carries 5 points which is a lot. We therefore recommend that you fight this traffic ticket. If you do, you likely can negotiate it down to a less serious charge.
Matthew Weiss
Mathew,
My wife was pulled over this morning while stopped at red light on Canal street. The officer gave her summons for illegal use of an electronic device. My wife stated that it would have been difficult for her to using her phone, considering that it was in purse which was resting on the passenger seat. The officer had no response to that, other than to say that she saw her use it and that she can fight the ticket. Other than providing records that no calerect texts were made, do we have any other recourse other than the judge believing my wife over an officer who is clearly mistaken? Greatly appreciate your insight on this.
Thanks,
Josh
Anonymous,
I’m sorry to hear about this apparently un-just ticket. Other advice? Read my article entitled “How To Fight A Traffic Ticket At The Traffic Violations Bureau“. It will help you better understand the unique process of fighting a NYC traffic ticket.
Matthew Weiss
Hello If I did get a cellphone citation in Nassau county (Hempstead court house) and If I plead not guilty and have a conference call, would the prosecutor agree to reduce it to parking violation and a fine. This is my first time ever to get a ticket. Please let me know. Thank you.
Mike,
At the Nassau County Traffic & Parking Violations Bureau, they generally will knock a cell phone ticket down to a Jay Walking ticket if you pay the fine the same day. If you need time to pay, then they will likely offer a 2-point ticket. These are my best guesstimates but I believe them to be pretty good given that we appear regularly at this court.
Matthew Weiss
Hi Matthew,
First off I would like to thank you for taking your time to answer all these questions, they’re a great source of information.
Just as many others I’ve been pulled over for merely holding/looking at my phone.
I was driving on the Interstate going north from Albany (ticket says Guilderland),
I’m in the right hand lane driving according to the speedlimit because I DON’T want to get a ticket.
Phone gives off a half-ring, my car has built in handsfree so normally it will display who was calling but because of the short time it didnt, so I look over, phone on passenger seat, tilt the phone 45 degrees so I can see it better and then look back up again… 3 seconds tops.
As I look up, I see the state trooper in the outside lane catching me in the corner of his eye, he slams on the brakes, cross all three lanes between traffic and lights me up…
He walks up to the passenger window and asked me what I was doing, told him exactly what happened, he walks away and return later with a 1225 D.
The law is the law I guess, but 5 points and $150 fine for looking at your phone seems harch.
Now, here’s my question… I’m from Michigan and although texting is illigal you’re allowed to touch your device and make 1-button phonecalls, a violation does not carry points in MI.
Am I better off pleading guilty, pay the fines and move on or should I try and plead not guilty and work something out ?
Many Thanks
Markus,
Thanks for your kind remarks.
Unless you drive in NY regularly (and/or have other NY convictions), then you should just plead guilty. While this ticket carries 5 points in NY, it will not transfer as ) points onto your MI license because MI does not assign points for this violation.
Matthew Weiss
Hi Matt,
For 1225c2a tickets, is there a way to reduce penalties/points in NYC? Perhaps plea bargain?
Thanks,
Daniel,
Unfortunately, NYC traffic courts do NOT plea bargain. You either plead guilty or not guilty (and, if you plead not guilty, then you either win or lose at your hearing).
Matthew Weiss
I paid my fine I did not text I was only
Holding my phone
I will never travel roads where police are again
Police r paid by texting tickets
R.
You should know that there is a presumption of illegal use when a motorist merely holds an electronic device while driving. My advice is to place your phone, etc somewhere out of sight (glove compartment, console, etc) while driving. It is very easy for an officer to stand on a corner and “pick off” drivers as they are stopped for a light holding a device.
Matthew Weiss
Hi Mathew,
Just like many others who have asked questions about 1225D, unfortunately I was a victim as well when I stopped at a Traffic Light April 24th, 2013, around 6am. I dialed a number twice on my Phone which was connected via Bluetooth to my vehicle Phone Multimedia System, and the calls were not even answered so I did not speak to anyone even. As soon as the Light was Green and I passed the light I had an Officer followed me and issued me a ticket. He actually told me the ticket has no Points so I am surprised as I just learnt here that the Ticket has 3 Points. Even though he told me the ticket does not carry any point and I never knew it actually has points, I still pleaded not guilty and sent the Not Guilty plea, including a type-written explanation of what happened. The officer looked exhausted and even had the date on the Ticket wrong (April 23,2013). I have received a letter from DMV with the Ticket in it, and asking me to swear an affidavit that I will not be able to appear in court, may be because I had the written explanation included in my Not Guilty Plea. I am busy and won’t have time to go to court, so I am thinking if I have to get the Affidavit ready and then include my explanation, and also include pictures of my Vehicle Bluetooth Phone System as it is used to dial a number, and see if I have a case. I don’t have any points on my License and my License is a PA License. Do I have any chance? I appreciate any help. They said I have to respond in 20-days
Mien,
I’m sorry for your misfortune. You should plead not guilty. If you do, you likely can negotiate this down to a less serious NY charge. BTW, good news, points from a NY conviction will NOT transfer onto your PA license.
Matthew Weiss
Mathew, thank you for the reply and advice.
I just received another letter from DMV, they said it replaces the previous notices, and it specified a day in September 2013 for my hearing. The first notice asked me to swear an affidavit and then this new one is specifying a date for my hearing, does it mean i must go in person? I don’t have time to go in person for any hearing because of my work schedule. The following are my concerns now;
(1) At this point where a day has been scheduled for hearing, can I still pay of the ticket without any penalty, since I don’t have time and the 3 Points don’t transfer to my PA License?
(2) NY has 3 points for the Ticket but you stated in your reply that these points are not transferable to my PA License. So does that mean NY will keep a record of 3 Points against my License, but PA will not have any Points on record for my License?
(3) Will vehicle Insurance Companies know of the 3 Points?
Your advice is always appreciated. Thanks.
Mien P,
(1) At this point where a day has been scheduled for hearing, can I still pay of the ticket without any penalty, since I don’t have time and the 3 Points don’t transfer to my PA License? Yes, you can always plead guilty. If you want to do so, contact the court.
(2) NY has 3 points for the Ticket but you stated in your reply that these points are not transferable to my PA License. So does that mean NY will keep a record of 3 Points against my License, but PA will not have any Points on record for my License? Yes, precisely.
(3) Will vehicle Insurance Companies know of the 3 Points? Yes, a NY conviction can affect your insurance in PA.
Matthew Weiss
Mathew, thanks a lot for the reply and answer to my questions. I will sure plead not guilty and go to court then since the 3 Points will affect my Insurance! I probably have to get a Lawyer involved at this point.
Thanks and I appreciate your commitment to help clarify things for me.
Hello Mr. Weiss,
I too have a similar problem. I am a PA residence, and got pulled over immediately entering the city from the holland tunnel. I use my phone for music which was plugged into my tape player. Its one of those old tape to mp3 converters. I was not using my phone, rather it was in my right hand and we were stuck in traffic. The cop followed me, I saw him behind me and then pulled me over. On the ticket it says in violation of 1225d (with a 235 crossed out). I am not sure what that means. But the note says electronic device, cell phone, music. He asked to see my phone, when i turned it on, it has a music screen. He still gave me the ticket.
Does this give me point on my license? I am going to fight it, but I am wondering how this is even illegal. I felt profiled, because the cop said, so many out of state residents are getting these tickets. Please let me know, I will update as well.
Shan P,
In New York, i tis illegal to use an electronic device while driving. This ticket carries 3 points in NY (and a $150 fine for a first offense). It can transfer as points onto your out-of-state license but that depends on which state you are licensed.
Matthew Weiss
Hi,
I wrote to you last year and have continued to follow these posts as I find all your insights informative and worthwhile. Curiously, I think my cellphone ticket has disappeared. Have you ever heard of this happening? It was issued in Queens and I did go to court. The judge was leaning toward dismissing it but instead just waived the fine. I applied for the transcript to contest the ruling…that was over 6 months ago. No transcript ever came and neither did any additional communication.
I went online and typed in the complaint # and my DL#. It came back saying there was nothing outstanding in relation to my DL. Do you have any idea what happened beyond the fact that I got lucky? Did someone dismiss it or did it just fall through the cracks?
Thank you for helping all of us!
Cat
Cat,
It sounds like you one your appeal but never got the letter explaining same.
Matthew Weiss
I was pulled over today for 1225D in Suffolk Cty. I will be going to TVB. I was holding a device and the officer said I was talking to it since it was in front of me and I was speaking. However, I was not talking to the phone but rather my son in the back seat. I do not have any calls made or recieved, texts made or recieved nor any data sent or recieved at the time when I got pulled over. I can prove that with my phone bill. I was holding the device but not using it. The device was not on at that time. Also, it is an older iPhone device and does not have the voice recognition technology either. Since this is TVB and based on what I read on your article, I presume I am not looking good. I also got an expired registration ticket. I moved last July and never got a renewal notice and it just expired a few days ago. That one I expect to take on the chin, but I am worried about the additional points. I cannot find any info on how many additional points the registration ticket is. I think since it falls under “other” on all of the lists I found it will be 2 points. I just want to make sure I stay under 6. That Driver Responsibility Assessment fee is insult to injury and I would like to avoid it. While I am not happy with the situation and hope for the best, I am resigned to the worst outcome. It is TVB after all.
Mike G,
Good news! The Suffolk County TVB closed last March. Your case will be heard at the Suffolk County Traffic Violations & Parking Agency. At this new court, you WILL be able to plea bargain. My understanding is that you should be able to plea your case down to a 0-point ticket.
Matthew Weiss
That’s the best news I’ve heard today. Hopefully I will be able to pull off the plea. Any insight to the registration ticket? Is that 2 points? Think I would be pushing it to pull off a plea bargain for that as well?
Mike,
Yes, try to plea both tickets as a package. The registration ticket carries 0 points but you should still try and get it reduced to a lesser charges for insurance purposes.
Matthew Weiss
Are the rules of Suffolk County Traffic Violations and Parking Agency at all akin to TVB? I know you said I should be able to Plea bargain. Who will I be plea bargaining with? An attorney or the Police Officer? What about the rules of evidence? Is it “Clear and Reasonable” like TVB or the more stricter “Beyond a Reasonable Doubt” like the courts? Also, are they able to suspend the right to Discovery like TVB? While my strategy is to plea my way out of as much of this as I can, I do have the technical expertise to show that my device was not in operation at the time that I was cited. I will have wireless carrier bills showing data usage and I will operation logs from the device itself to admit as evidence. I am planning on preparing a defense on those grounds even though my preference to move on with a plea. I just want to be sure of the process. Thanks again. your site has been most helpful.
Mike G,
You will be able to plea bargain with a prosecutor (not a police officer). The rules of evidence are only applicable if you go to trial … but the standards is “beyond a reasonable doubt”.
Good luck.
Matthew Weiss
I had the cell phone in my hand but was just listening to music and police knows it when he knocked on my window while at a red light the music was still playing when I took my headphones off I told him I’m listening to music and waiting on an important call which I had the headphones so I didn’t hold it up against my ear and get a cell phone ticket now I’m stuck with a 1225d and I was using my phone as a MP3 player but since it has texting capabilities I get a ticket? My my my how the law is written in favor more of revenue and not the law itself. What’s the best way to defend myself since the ticket was in NYC and there is no plea
Brian,
Because you were holding your cell phone and technically “using” it, it appears that you were in violation of VTL 1225-d. With that said, if you plead not guilty, you have nothing to lose by fighting it.
Matthew Weiss
Hello Matthew,
With regards to one of your comments up top “Keep in mind that there is no plea bargaining in any of the New York City traffic courts.” I received a ticket recently in Manhattan for txting while driving, the officer saying I had both hands on my phone. Oddly enough, the window side he came up to he could clearly see I had my blue tooth in my ear and was on my phone talking, not texting. I pointed it out to him but he didn’t care. I understand the law now (and having the phone in my hand at all), but you mentioned no plea bargaining. What does that mean exactly? I have already plead not guilty and am awaiting a court date. Also, I am from NJ, not NY, so I am not sure that even if I am found guilty that the points would apply to my license. What are your thoughts sir?
John,
No plea bargaining means that there are no deals. If you plead not guilty, you get a hearing where you will either win or lose. If you lose, you’ll get 3 NY points but, because NJ does not currently award points from texting and driving, these NY points will NOT transfer onto your NJ license.
Matthew Weiss
I see. Thanks Matt. So do I even stand a chance then in court, since I actually had the phone in my hand? Should I have just plead guilty since I have a NJ drivers’ license?
John,
You have to decide what to do but, yes, it is difficult to beat a traffic ticket in any of the NYC traffic courts.
Matthew Weiss
I received a cell phone ticket looking down at my phone while stopped in traffic. After it was issued, I noticed that I mistakenly handed the officer registration for another vehicle that I own, but was not driving at the time. The color, make model is totally different and the vehicle listed on the tickect was in my wife’s posession in another county. Can I request a dismissal with a sworn affidavit from my wife?
Michael Guttman,
You can only obtain a dismissal if you plead not guilty and beat the ticket at trial. You cannot beat this ticket by just an affidavit from your wife.
Matthew Weiss
Tell me why the Trooper told me that there were no points and a lower fine. Some break. The listening was done with all voice activation. Her beef was that the phone was near my ear. I was not talking to anyone at all, simply responding to the VM prompts. She was told this thus the so called “break”. As far as I knew, i can use the phone with a speakerphone. I did not realize I could get a ticket with 3 points attached just for holding my device. I can understand safety and such if I was weaving across lanes and such, but the point was is that was not the case and I was well aware of what was going on. I am a Ham Radio Operator and that makes me much more aware as I know I can use my radio if needed. next time, that is what I will be using. The ticket does not bother me so much as the statement of a break and what the ticket actually was and the points atteched. Yes, I was holding the device, but I was a risk to no one. Like I said, the trooper was more of a hazard than I was.
Bradley E Allen,
I cannot answer for why an officer said something. With that said, this wouldn’t be the first time that an officer gave a motorist false information (intentionally or mistakenly).
Matthew Weiss
I was given a ticket by NYS Trooper which said I violated 1225D. Yes the unit was NEAR my ear as I can’t wear an earpiece as it bothers me while driving and it’s too noisy to hear anything on a speaker unit and the volume is low on the device. I do not use the phone much at all when in my vehicle, but I had it up to my ear to listen to my Voicemails as I was waiting for a call from my daughter to pick up my grandson or not. I can get to my VM with a voice dial. She said I was using the phone but I did explain to her I was NOT carrying on a conversation, just listening. She came back with the ticket and said and I quote” I gave you a break and made the ticket for use of equipment so there are no points to your license.” This is what I was told. I went on line and wanting to not have any furthur issues, i paid the $130, but it said 3 points. Elsewhere I see 2 points. I am not so happy that I pleaded guilty to this now as it will put 3 points on my clean license. I wish to rebuttle this plea, but not sure if I can or how. Why would she tell me one thing and I find out something else. By the way, I was not distracted at all, I knew what was in front and to the rear as well as the trooper riding along side of me distracted to see if SHE could see in my vehicle. She actually was more accident prone trying to peer in my window than I was listening to the messages.
Bradley E Allen,
Listening to your VM while driving is illegal in New York. Also, an 1225-d ticket now carries 3 points on your license. You can try to vacate your guilty plea but your chances for success vary depending on the court.
Good luck!
Matthew Weiss