Cellphone Use and Texting While Driving

Driving while speaking on the cellphone and texting while driving carry severe penalties in New York State.

Texting While DrivingIf you are convicted of either charge, the infraction carries five (5) points plus a fine. As per the New York State Department of Motor Vehicles website:

“Under New York State law you cannot use a hand-held mobile telephone or portable electronic device while you drive. Illegal activity includes holding a portable electronic device and

  • 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.

If you use a portable electronic device while you drive (except to call 911 or to contact medical, fire or police personnel about an emergency), you can receive a traffic ticket and be subject to a fine and a surcharge.

Conviction of a cellphone use, portable electronic device use or a texting violation will also result in points being added to your DMV driving record. If you receive 11 points in an 18 month period, your driver license may be suspended. To learn more, see About the NY State Driver Point System.”

Fines for violations committed between 7/26/2013 and 10/31/2014

First offense $50 $150
Second offense within 18 months $50 $200
Third or subsequent offense within 18 months $50 $400

The surcharge for all violations can be up to $93.

If you are charged with cellphone use or texting while driving, call Karen A. Friedman at 212-213-2145 or 845-266-4400 or contact us for a free consultation.



The Objective Is To Win.

If you understand your options after being arrested or receiving a traffic ticket,
you stand a better chance of having a successful outcome.
Call Karen A. Friedman New York Traffic Lawyer at 212-213-2145 or 845-266-4400 or send us a message for a free consultation.


New York State Bar Association
The National Trial Lawyers
BBB Better Business Bureau

Karen A. Friedman represents clients throughout New York State. She represents motorists in New York City, Clinton, Yonkers and Manhattan. She also represents people throughout The Hudson Valley, Westchester County, Putnam County, Dutchess County, Orange County, Greene County, Columbia County and Rockland County.