New York VTL Section 1225.D. prohibits the use of any portable electronic devices while driving. Initially tickets for portable electronic device violations carried only 2 points, however legislation was passed that raised it to a 5 point infraction. The provision of the law that covers texting while driving also covers substantially more than just texting. In addition to prohibiting texting, VTL 1225.D prohibits a motorist from holding a portable electronic device while driving, reading text from the device, sending text, viewing emails, composing emails,  browsing the internet, playing games, sending, accessing, transmitting, retrieving electronic data, saving data, and or web pages while driving. It also prohibits and transmitting images while driving as well.

 

Under New York Law, portable electronic devices includes hand held mobile telephones, pagers, laptop computers, PDA’s, two way messaging devices, electronic games, broadband personal communication devices, and portable computing devices .

 

Under VTL Section 1225.D, a driver cannot use a cell phone as a GPS unless the cell phone is mounted to the vehicle or affixed to the vehicle surface. 

 

The penaties for a conviction for using a portable electronic device and the penalties for cell phone violations are generally the same, however some courts view the offenses differently, and therefore negotiate the tickets differently. A conviction for a portable device violation carries a minimum fine of $50 and a maximum fine of $150 for first time offenders. A conviction for a second portable electronic device violation within 18 months carries a fine of up to $200, and a conviction for a third portable electronic device violation within 18 months carries a maximum fine of $400. In addition to the fine, there is also a surcharge that the court is required to impose upon conviction of either $88 or $93 depending on the court.

 

Drivers who possess a probationary license, a junior driver’s license with a class DJ or MJ or a learner’s permit under New York Law are subject to additional penalties upon conviction of a  portable electronic device violation. A conviction with any of these types of licenses, or a learner’s permit will result in a driver’s license suspension, or suspension of the learners permit 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 60 days for a Class DJ or MJ driver’s license or learner’s permit.

 

In New York, the law imposes harsh penalties for CDL License holders who are convicted of a portable electronic device violation while operating a commercial motor vehicle.

 

 NO ONE SHOULD EVER PLEAD GUILTY TO A TEXTING TICKET
OR PORTABLE ELECTRONIC DEVICE TICKET