Cell Phone Tickets

The use of cell phones while driving in New York state is prohibited except for in such circumstances as described in this section of the New York Vehicle & Traffic law. This has been upgraded to a 3 point violation with fines of about $100 per offense.

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Our typical fee to defend a cell phone ticket in an Albany County court is $195.00. As always, please contact us to discuss the circumstances of your case including details of the stop and where your ticket was issued. Where Did You Get Your Cell Phone Ticket? →

About VTL 1225-C

Sections 1225-c of New York Vehicle & Traffic law describes mobile telephone restrictions. In January 2011, this was upgraded from a secondary to a primary offense. Before this change, a State Trooper or local law enforcement officer could not stop you for using your cell phone while driving. To be ticketed, you would have to first be pulled over for speeding, not signaling or some other primary offense. Only then could you be issued a secondary ticket for talking on your cell phone while driving.

However, as smart phones and other mobile devices have become more popular, organizations like the National Highway Safety Council have conducted studies tying an increasing number of serious accidents and fatalities to cell phone usage, texting, and distracted driving. This push has influenced lawmakers in New York under governor Andrew Cuomo to increase the penalties of this offense from 0 to 3 points and raise public awareness through a series of "Operation Hang Up" campaigns targeting mobile device usage in general. Some local courts and District Attorneys have also reacted by developing policies to more aggressively prosecute this law.

Resources

Read the full text of Section 1225-c of New York State's Vehicle & Traffic law. public.leginfo.state.ny.us

Law Enforcement under Governor Cuomo have stepped up prosecution of distracted drivers using cell phones and other electronic devices. Read The Press Release For Operation Hang Up: Part Two

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