This charge is issued for actually talking on your mobile phone while driving. Distracted driving is taken very seriously in New York State, carrying heavy points and significant financial penalties.
Warning For Young & Probationary Drivers:
If you are under 18 or on a probationary license, a conviction for this charge will cause your license to be suspended for 120 days. If you are convicted again for a cell phone ticket, your license will be suspended for 1 full year.
1. Points, Fines, and Suspension Risks
A conviction for using a mobile phone carries 5 points on your driving record. There is no possible jail time for this infraction, but the fines and collateral consequences escalate rapidly if you receive multiple tickets within an 18-month period.
| Conviction (Within 18 Mos.) |
Points |
Base Court Fine Range |
Additional Penalties |
| First Conviction |
5 Points |
$50 – $200 |
State Surcharge |
| Second Conviction |
10 Points (Total) |
$50 – $250 |
$600 DRA Assessment** |
| Third Conviction |
15 Points (Total) |
$50 – $450 |
License Suspension* |
* License Suspensions: Three cell phone convictions within 18 months would total 15 points. The NY DMV automatically suspends a license when a driver reaches 11 points.
** Driver Responsibility Assessment (DRA): A second conviction means 10 total points. Accumulating 6 points or more in any 18-month period triggers a DRA from the New York DMV. This assessment is due in addition to the court fine and applies to all drivers, regardless of where they are licensed to drive.
2. Mandatory State Surcharges
In addition to the court fines and any potential DRA fees, New York State imposes a mandatory surcharge on every cell phone conviction:
- $93 for town and village courts
- $88 for other courts (e.g., city courts)
3. Historical Context & Enforcement
Points for this infraction have increased significantly in recent years—from 2 points in 2011, to 3 points later in 2011, and finally to 5 points in 2013. If you are dealing with an older ticket, the points assessed may be less than 5.
This escalation in points shows that the legislature is taking distracted driving violations much more seriously. Many District Attorneys are doing the same by refusing to plea bargain on cell phone tickets. This strict enforcement often forces drivers to either take the case to trial or simply plead guilty.
More on this topic: Distracted Driving in New York: What All Drivers Need to Know
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