Search Site
Menu

What are the penalties in New York for texting while driving?

In society today, it is difficult to get through the day without using a cellphone. Any New Yorker can attest that these devices are not only beneficial but also necessary in many instances. They provide a way to stay connected with others, allowing one to call, message, email or research at a moment’s notice.

While this is a valuable piece of technology, it is also something that can pose risks and dangers. One place a cellphone is not useful is when a person is driving. Using a phone while driving is not only risky but opens up a driver to possible consequences.

New York law states that a motorist cannot use a hand-held mobile device while they are driving. This illegal activity includes holding a portable electronic device and talking into the handheld device, composing, sending, reading accessing, browsing, transmitting, saving or retrieving data such as a text message, e-mail or website, viewing taking or sending images or playing games.

If a motorist is using their cellphone while driving, except to call 911 or emergency personnel, a motorist could receive a traffic ticket. This also subjects the driver to a fine and a surcharge. A conviction of this traffic violation results in points being added to the motorist’s driving record. When 11 points are attained in an 18-month period, the driver may have their license suspended.

For the first offense, a motorist could be fined between $50 and $200. The second offense occurring in an 18-month period could result in fines between $50 and $250. A third or subsequent offense within 18 months carries a fine between $50 and $450. The surcharge for all of these violations is $93.

While traffic offenses might seem minor, these charges can carry hefty fines, as well as other consequences. If a motorist has been charged with this or any other traffic violation, it is important that they understand their rights and how best to go about this situation. This could help reduce the impact it has on his or her driving record and the amount of fines owed.

Source: Dmv.ny.gov, “Cell phone use & texting,” Accessed March 18, 2018

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    Without going into great detail , The Riotto Firm, Especially William Swift did an amazing job handling my situation which was very frustrating, but with patience and alot of expierance , the outcome was incredible, Im very thankful to thier dedicat...

    Read more

    Mike Kraten

  • google
    5.0/5.0

    I want to first THANK EVERYONE from The Law Office of James L. Riotto who helped me.They never stopped. It took a few months but It was worth the wait. I highly recommend this Law Office to anyone who would want to get there life back. Thanks again f...

    Read more

    miguel camacho

  • google
    5.0/5.0

    Was a great experience working with Riotto Law. Everyone was professional and extremely helpful!

    Read more

    Sammy

  • google
    5.0/5.0

    The team at Riotto was great. I was given updates throughout the process and always received quick, thorough replies when asking questions.

    Read more

    Jessica

  • google
    5.0/5.0

    Excellent service Thank you a lot Federico

    Read more

    D pamaesma

See all reviews
Contact us

Quick Contact Form