In New York, texting while driving is a grave traffic offense with rigorous enforcement. A ticket for this infraction can result in significant fines, points on your driver’s license, and increased insurance costs, particularly for repeat offenders. Please continue reading as we outline the potential penalties in New York, your legal entitlement, and the ways our determined Head of the Harbor Traffic Ticket Lawyers can assist in contesting the ticket. 

What Counts as Texting While Driving Under New York Law?

In New York, operating a motor vehicle while using a hand-held mobile telephone or portable electronic device is prohibited. This includes, but is not limited to, activities such as:

  • Engaging in conversations on a handheld mobile device
  • Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving any electronic data, including emails, text messages, or webpages
  • Viewing, capturing, or transmitting images
  • Playing electronic games

Motorists found using a portable electronic device while driving, with the sole exception of contacting 911 or emergency services, are subject to a traffic ticket.

What Are the Penalties for a Texting Ticket?

The penalties for texting while driving in New York include:

  • First offense: $50-$200 fine, plus five points on your driver’s license.
  • Second offense within 18 months: $50-$250 fine, plus 5 points on your driver’s license
  • Third or subsequent offense within 18 months: $50-$450, plus 5 points on your driver’s license.

In addition, you can face a surcharge of up to $93 for all violations. It should be noted that accumulating 11 or more points in 18 months can lead to license suspension. Insurance companies also view distracted-driving violations similarly to reckless driving. As such, your insurance rates will likely rise significantly for 5-point violations.

If you are a junior motorist with a Class DJ or MJ driver’s license or learner permit with the first conviction of a texting violation will result in a 120-day suspension. A second conviction within six months of the restoration will lead to a one-year revocation.

Can I Fight a Texting Ticket?

While challenging a texting-while-driving ticket can be difficult, it is possible with the assistance of an experienced attorney. Successfully fighting the ticket can help you avoid points on your license, prevent increased insurance rates, and avert potential license suspension.

An attorney can employ several strategies to contest the ticket. These include challenging the officer’s observation or questioning their judgment regarding what they claim to have witnessed. For instance, they might argue that the officer mistook another action for texting. An attorney could also demonstrate that your actions were legally justified or necessary. Furthermore, they can gather supporting evidence to corroborate your account of events.

Before you pay the fine, it is in your best interest to contact an attorney at Castro & Trodden, LLC. Our legal team can help fight the charge and safeguard your driving record.