When cell phone violations were first introduced in New York, they did not carry any points. then legislation was passed that made it a 2 point infraction. On October 5, 2011 legislation was passed that raised the violation to a 3 point infraction and on June 1, 2013 cell phone tickets became a 5 point infraction.
 

Pursuant to New York Law, drivers are not permitted to use a hand held telephone while driving unless they are using a hands free device at the time. The law however does provides for exceptions when calling the police, calling 911, calling fire personnel, or calling medical personal with regard to an emergency.

 

In addition to the 5 points that a conviction for a cell phone violation carries, there is also a minimum fine of $50 with a maximum fine of $150 for a first time conviction. A second conviction for a cell phone violation within 18 months carries a fine of up to $200, and a third conviction for a third cell phone violation within 18 months carries a maximum fine of $400. In addition to fines, the court will also impose a surcharge of either $88 or $93 depending on the court the ticket is returnable to.

 

Those who receive a cell phone violation while possessing a probationary license, a junior driver’s license with a class DJ or MJ or a learner’s permit face additional consequences to their licenses upon conviction. A conviction to a cell phone violation for those with a class DJ or MJ or a learner’s permit will result in a driver’s license suspension, or learners permit suspension for 60 days for the first offense. A second conviction within 6 months will result in a revocation of at least 6 months for a probationary license and a 60 day suspension for drivers with a Class DJ or MJ driver’s license or learner’s permit.

 

New York law imposes harsher penalties for CDL drivers convicted of cell phone violations while operating a commercial motor vehicle. A conviction for a cell phone violation or portable electronic device can lead to a 1 year revocation of a CDL license, consequently, it is important to consult with an lawyer.