This charge is for actully talking on your phone while driving. 

Warning For Young Drivers

If you are under 18 or on a probationary license, a conviction for this cahrge 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 year.  

Fines Only (No Possible Jail)

for the first conviction in 18 Months

• $50 - $200

for the second conviction in 18 Months

• $50 - $250. ($600 DRA)**

for the third conviction in 18 Months

• $50 - $450. License Suspension*

*Three cell phone convictions within 18 months would total 15 points and the DMV will suspened a licesne at 11 points.  

** A second conviction would mean 10 points. Accumulating 6 points or more in any 18 month period will cause a Driver Responsibility Assessment (DRA), from the New York DMV, in the amount listed. This assessment will be due in addition to the court fine and applies to all drivers regardless of where they are licensed to drive. 

Mandatory Surcharge

• $93 for town and village courts
• $88 for other courts, e.g. city courts

Points for Mobile Phone Use

• 5 Points

Notes

Points for this infraction have increased in recent years from 2 in 2011, to 3 later in 2011, then to 5 in 2013. So if you have an older ticket the points may be less than 5.

This escalation in points also shows that the legislature is taking the violations more seriously and some district attorneys are likewise doing so by refusing to plea bargain on cell phone tickets. This forces drivers to either have a trial or just plead guilty.

• More on this topic: Distracted Driving in New York: What All Drivers Need to Know