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New York Increases Penalties for Cell Phone Use: Texting While Driving Tickets are now 5- Points

by Seth Azria on 6/08/2013

On June 1, 2013, a conviction for cell phone use while driving increased to 5 points from 3 points.

The  Department of Communication for the New York DMV announced that the DMV will impose 2 points for drivers found guilty of using a cell phone while driving for offense on or after February 16, 2011.  Previously, no points were assigned for talking on a cell phone although two points are assigned for texting while driving violations. The new regulation will align the point penalty for both violations.

In November 2001, New York banned handheld cell phone use while driving and established a fine for the violation of up to $100. In November 2009, NY banned the use of portable electronic devices for texting while driving took and established $150 fine and 2 points for a violation.  

New York, like many states, assign point values to traffic convictions. The higher the points the more serious the infraction and the stiffer the penalty. In New York, any driver that accumulates 11 points in an 18-month period will cause a license suspension. List of Points for New York traffic convictions. If a driver acquires 6 points or more in any 18-month period any driver, whether licensed in New York or not, will receive a driver responsibility assessment for a minimum of $300. Learn more about Driver Responsibility Assessments. 
 

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I was gifted with a 80 in a 55 . Being a CDL I could not afford the points that come with that kind of ticket. Long story short ticket was dismissed . Very happy with the result

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Without being too specific regarding my actual cases I'd like to tell anyone out there that David and Seth are both amazing lawyers who care about their clients. They have both gone to bat for myself and my now wife...multiple times, with more than expected results each and every time. Again, without being too open about matters, we all make mistakes, when I was younger I had the unfortunate experience of receiving a DWI, David handled my case, in the end, though a hefty fine, which you would expect, it was dismissed, the court at that time didn't even know how to handle it because it had never been done before. Again, unfortunate, an assault charge due to a bar fight involving the woman who is now my wife, Seth handled this and the result was an ACD. I have also referred someone close to David due to them receiving a DWI...a third DWI, involving an accident, again David got results that were outstanding. Fast-forwarding many years, David has still made himself available to me when called on. I have recently asked for a personal letter to a judge regarding a character reference and again, David has pulled through, made himself available and assisted me. I can't say more about David and Seth, they're two very well known, very smart, very capable lawyers who have helped me through some rather dark times, sometimes I wonder how I don't have a record, it's because of these two guys. Would never recommend anyone else.

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I worked with Mr. Azria for a speeding tickets that we got close to the Canadian border while in NY state (+25 miles vs speed limit). 
The process went very smoothly and his professionalism saved me a lot of money and also a lots of point on my driving record. 
I highly recommend him and his firm for any speeding/ traffic tickets. 
A happy Ohio motorist.

Adrian posted to Avvo

 

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