New York State New Law – No Texting/Using a Cell Phone While Driving

 

New Texting law picture

Starting June 01, 2013, New York State will be further cracking down on using a handheld device/texting while driving. In the last few years, cell phone violations have went from no points to 2 than 3 and now 5.  This new law applies to talking on the cell phone as well as using the device to text/email.

 

Texting while driving has become a huge problem in the last few years as texting has become more common.  According to NY State, between 2011 and 2012, there was a 234% increase in the number of tickets issued for texting while driving

 

According to NY DMV:

 

What is the law on cell phone use while you operate a vehicle in NYS?

New York State has a law that does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone 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 pay a maximum fine of $100 and mandatory surcharges and fees of up to $85. For offenses committed between October 5, 2011 and May 31, 2013, this violation carries three driver violation points. For offenses committed on or after June 1, 2013, this violation carries five driver violation points.

What is the law on texting/using a cell phone while you operate a vehicle in NYS?

New York State law prohibits all drivers from using portable electronic devices, such as cell phones and smart phones, to send text messages or emails while driving. The penalty for a violation of this law is a fine of up to $150 plus mandatory surcharges and fees of up to $85. For offenses committed between October 5, 2011 and May 31, 2013, this violation carries three drivers’ violation points. For offenses committed on or after June 1, 2013, this violation carries five drivers violation points.

Using a handheld electronic device is now a primary offense; an officer may stop you if you are observed using a handheld device while driving.
Teens beware: being convicted of talking/texting while driving can take you off the road. Below is a chart showing how the new law unlike the old, will take a new driver off the road for a certain amount of time.

License Holders

Old Law

 

Cell Phone and Texting Convictions

New Law

 

Cell Phone and Texting Convictions

Suspension Revocation Points Suspension Revocation Points
Probationary No No 3 60 days for first conviction 6 months for subsequent conviction within 6 months of license restoration 5
Junior No No 3 60 days for first conviction 60 days for subsequent conviction within 6 months of license restoration 5
All others No No 3 No No 5