Seth Azria Logo

NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

Distracted Driving 3 min read

Fines for §1225-c2: Use of Mobile Phones

By Seth M. Azria, Esq.

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

Free Consultations

Have a Traffic Ticket in NY?

Speak directly with Seth M. Azria, Esq. to get a fast, free evaluation of your case.

Google Review

I highly recommend Azria & Bruffett Law Firm for their professional service handling traffic tickets. I got my first speeding ticket in October 2021 after driving in US for 8 years. Since I never had an experience dealing with traffic ticket before, I have no clue how to proceed the next steps. After asking for opinions from friends, I decided to ask for professional help because speeding ticket highly depends on states and there is no universal answer. After reading other people's review about Azria & Bruffett Law Firm, I decided to use their service to handle my case. I followed their step by step protocol to provide information and the firm would work with clients swiftly and closely and negotiate best interest. Most importantly, they are highly responsive and will proactively give updates. In summary, I start having a piece of mind since the moment I signed the contract. They charge a reasonable price for my case and I am very happy that my ticket got dismissed after 2 months

Google Review
Mr. Azria was able to get my 8 points ticket down to 0 for "Parking/No standing Ticket" Mr. Azria is highly professional and handles everything for you. Before hiring his services, I spoke with Mr. Azria on the phone. He was extremely knowledgeable and explained all the factors I never thought about, which play a role in fighting to lower the ticket. I'm ecstatic about the phenomenal job Mr. Azria and his office did for me. I will 1000% recommend him. Thank you!!
Google Review

I had a speeding ticket in NY state in may. I was within 20-30 miles over the limit and it would have been 6 demerit points in NY state. After checking lawyer reviews in google and talking to few firms, I decided to go with Seth. He was very prompt in answering all my questions before I signed up with him and also after that. He got my 6 demerit points reduced to 0 and made it a parking violation charge. I strongly recommend Seth.

Google Review

I emailed Seth at first with some questions about a legal matter, and honestly wasn't sure what to expect. Instead of trying to sign me up as a client, he got on the phone with me and was straightforward, telling me I didn't actually need a lawyer for my situation, then pointed me toward the right resources. That kind of honesty says a lot about his character. I didn't end up needing to retain him for this particular case, but if I ever run into a legal issue in upstate New York, especially anything traffic related, Seth's the guy I'm calling. Appreciate the integrity.