Since 2013, Texting and Driving In New York State is subject to serious consequences. It automatically carries a violation of 5 points on your driver’s license. In spite of the high traffic point value, there were 2,878 text-related tickets issued in New York in 2016, meaning that people are still willing to text and drive every day.


It can be tempting to want to glance at your phone, especially in New York’s stagnant traffic. But if you think that you have been falsely accused of texting and driving, you will need to speak to a cell phone ticket lawyer.

The attorneys at My Tickets NYC will be able to help with your case so that you won’t be subject to fines or points on your license.

Permit and CDL Drivers

Those under the age of sixteen or drivers with only their learner’s permit are susceptible to stricter penalties for texting and driving in New York. The first offense is subject to a suspended permit for 120 days. If this happens more than once, their permit will be revoked for a full year.

Those with a commercial driver’s license face the same discriminations. Because their vehicle poses a greater risk, anyone with a CDL caught texting and driving in New York will receive a fine, points on their license and they are at risk of losing their job. Those with a CDL cannot make phone calls, let alone text while in route. They can’t even use their phone while stopped at a location or while sitting in traffic.

Rules For Texting and Driving In New York

According to the New York DMV, cell phones or tablets are considered at use if you are doing any of the following:

  • talking on a handheld mobile telephone
  • composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages
  • viewing, taking, or transmitting images
  • playing games

The amended 2011 Vehicle and Traffic Law Section 1225(d) gives police officers the right to pull anyone over under with an electronic device in their hand. They can act under the presumption of cell phone use, unless the driver can prove otherwise. However, the latter does not typically happen until the driver reaches out to a cell phone ticket lawyer.

Penalties For Texting and Driving

The very first offense for texting and driving in New York is 5 points on your license. You will accrue 5 points for every cell phone ticket issued after that with escalating fines. The first fine for texting is a minimum $50. There is a surcharge of $93 for each ticket, so:

First Offense:

$50-$100 fine plus surcharge and 5 points

Second Offense:

within 18 Months: $50-$250 plus surcharge and 5 points

Third Offense within 18 Months:

$50-$450 plus surcharge, 5 points and suspended license

Subsequent Offenses:

$50-$450 plus surcharge, 5 points

Why You Need A Cell Phone Ticket Lawyer

New York cell phone ticket lawyers can help you understand your rights. People have to use their cell phones every day, the least of which includes using a GPS. If you have been falsely accused of texting and driving in New York, contact one of our attorneys. My Tickets NYC in Queens has NYC’s best traffic ticket lawyers, We can help relieve you of your cell phone ticket problems. Call or text a picture of your ticket to 917-426-2WIN (2946) or email us at for a free consultation today.