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Texting, Cell phone, Citation

Cell phone ticket, texting ticket, texting citation

A cell phone or texting ticket is FIVE points!

Under New York State law you cannot use a hand-held mobile telephone or portable electronic device while you drive.

Hire our law firm to help you reduce or eliminate your ticket.


Illegal activity include:

  • holding a portable electronic device
  • talking on a handheld mobile telephone
    composing, sending, reading, accessing
  • browsing, transmitting, saving,
  • or retrieving electronic data such as e-mail, 
  • text messages, or webpages
  • viewing, taking, or transmitting images
  • playing games

If you use a portable electronic device 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 be subject to a fine and a surcharge.

A conviction will result in FIVE points being added against your license.

Conviction of a cell phone use, portable electronic device
use or a texting violation will also result in points being
added to your DMV driving record.  If you receive 11 points
in an 18 month period, your driver license may be suspended.

Penalties for probationary and junior drivers with a Class
DJ or MJ driver license or learner permit

Effective November 1, 2014, the first conviction of a cell
phone use or texting violation could result in a suspension
of the driver license or permit for 120 days.

A second conviction within six months of the restoration of
the license or permit (after the 120 day suspension is terminated)
will result in:
•a revocation of at least one year of a probationary license, or
•a revocation of at least one year for a Class DJ or MJ driver license or learner permit

The laws:
NYS – VTL Sec. 1225-c and 1225-d are the relevant sections of law.
Sec 1225-c deals with mobile telephones and voice communication in particular.
Sec 1225-d deals with mobile telephones (data and texting transmission)
as well as all other devices such as ipods, tablets, GPS, etc.

The law offers some specifics about the definition of “using”.
It discusses holding phones in proximity to one’s ear and
simply holding devices in one’s hand in general.  

If a police officer thinks he observes you holding a cell phone
or somehow playing around with it or paying attention to it
or another gadget or device, they are likely to issue a ticket.

With respect to phones, you will not be able to “prove” you
weren’t texting or talking by simply providing a bill or other
records because in most cases you really only need to be holding
it according to the law.  Also, there are some actions
(like reading a screen or listening to certain audio) that may
not show up on a bill at all. Also, some people have more than one
phone so showing one bill is not necessarily proof that it’s
the bill for the phone in question.

Fighting a cell phone ticket is possible, but best left to an attorney.

You can fight a cell phone ticket with evidence.

aka: cell phone ticket, cellphone ticket, texting ticket,

cell phone violation, cellphone violation, mobile phone ticket,

texting violation, 1225-c, 1225-d

Beware! This is a 5 point ticket!

Hire our law firm to help you reduce or eliminate your ticket.

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