Cell Phone Violations in New York



    Within the past couple of decades, cell phones have become a large part of people’s everyday lives. Usage has especially increased with the expansion of smartphones in recent years as well. Individuals can often be found using them at various moments of their day, including driving a car. In the state of New York, using a cell phone while driving is one of the most serious violations of the road. This is also true for the use of any electronic device behind the wheel of a vehicle without the assistance of hands-free technology. With the increase in cell phone usage came a drastic change in traffic laws. New York maintains strict laws for cell phone usage while operating a vehicle. Those in violation of cell phone laws may face harsh penalties as a result.

    Types of Cell Phone Violations

    When a driver uses a cell phone while operating a vehicle, they put themselves as well as others on the road in grave danger. Using a cell phone while driving means that the individual is not paying attention to their surroundings. This can cause serious injuries and sometimes death to many other people. Some examples of cell phone violations may include:

    • Talking on a handheld mobile phone
    • Writing, sending, reading, or receiving any data over the phone. This may include text messages, emails, or the use of social media
    • Searching through the internet
    • Watching or taking any pictures or videos
    • Playing games


    When an individual is found using a cell phone while driving, they can be pulled over by a law enforcement officer. The officer may issue the driver a ticket, resulting in a certain set of consequences. According to the DMV in the state of New York, the use of an electronic device behind the wheel of a car is a 5-point ticket. This may affect a driver’s insurance premiums as well as subject them to a series of fines. The amount an individual may be required to pay in fines depends on the offense. Consequences for a cell phone violation on the road may include:

    • A fine between $50 and $200 for a driver’s first offense
    • A fine between $50 and $250 for a driver’s second offense within 18 months of the first charge
    • A fine between $50 and $450 for a driver’s third or subsequent offense within 18 months of the first charge

    It is important to note that, should a driver be issued any other points within 18 months of a cell phone violation, they may be subject to other consequences. This can include participation in the Driver Responsibility Assessment and a $300 fine spread out over 3 years.

    Contact our Firm

    If you or someone you know is facing a cell phone violation and wishes to speak with an experienced attorney, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.

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