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Cell Phone Violations in New York

Over the years, cell phone usage has increased and become a big part of people’s everyday lives. This has especially been seen with the expansion of smartphones in recent years. People can be found using their phones at several moments during their day, including while driving a car. Using a cell phone while operating a vehicle is one of the most serious traffic violations in the state of New York. Any electronic device behind the wheel of a vehicle without the assistance of hands-free technology is considered a traffic violation. The increase in cell phone usage also called for a drastic change in traffic laws. New York State has strict laws for cell phone usage while driving a vehicle. Those who violate cell phone laws may face harsh penalties as a result.

Types of Cell Phone Violations

When an individual uses a cell phone while operating a vehicle, they put themselves as well as others on the road at great risk. Using a cell phone while driving means the driver is not giving their full attention to the road and their surroundings. This can cause serious injuries and death to 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 uses a cell phone while driving, they can be pulled over on the road by law enforcement. The officer may issue a ticket to the driver, resulting in certain consequences. According to the DMV in New York, the use of an electronic device while operating a vehicle is a 5-point ticket. This can affect a driver’s insurance premiums in addition to subjecting them to fines. The amount that may be required to pay in fines can depend 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 know that if a driver receives any other points within 18 months of a cell phone violation, they may face other consequences. This can include participation in the Driver Responsibility Assessment and a $300 fine to be paid over the course of 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 the Law Office of Kevin T. Conway today.

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

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