Penalties for Using Your Phone While Driving in New York

Penalties for Using Your Phone While Driving in New York

Cell phones have provided an infinite amount of valuable features, and they have allowed our society to progress in so many ways. However, while they have given us many benefits, they have also had severe consequences.

Distracted driving is an epidemic ravishing our nation, and the most common form is overwhelmingly cell phone use while behind the wheel.

To try to curb these scary statistics, states have begun implementing harsher and harsher laws regarding cell phone use in your car, and New York is among that list.

What are the Laws?

There are two New York State Laws pertaining to the use of cell phones while driving.

The first is VTL 1225(c): Use of mobile telephones. It states, “an operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call.”

Unless the driver is calling to report an emergency, any driver caught talking on a handheld phone is breaking the law.

The second is VTL 1225(d): Use of portable electronic devices. It states, “no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion.”

This law applies to any use of a smartphone that isn’t making a phone call. —everything from texting to scrolling Facebook in traffic – even using GPS apps. If a driver is looking down at a phone in their hand, they are breaking the law. This law applies to all electronic devices but is most often applied to drivers using smartphones while driving. It is sometimes referred to as a “texting violation.”

New York Laws make using your cell phone while driving a primary offense. This means that you do not need any other reason to be pulled over to be ticketed for it. If an officer sees a phone in your hand, he can turn on those sirens then and there. If you’re using your phone in New York while driving, you are breaking the law. Point blank, period.

Injured by a Distracted Driver?

Were you injured due to the negligence of a driver using their phone while behind the wheel? You could use the help of the attorneys from The Ahearne Law Firm, PLLC. We are experienced in handling cases like these, and we can help you get the financial compensation you deserve.

Call our office at to schedule your free consultation and go over the details of your case.

Get The Ahearne Law Firm on Your Side

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