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Although New York prohibits the use of cell phones while operating a motor vehicle, not all drivers take this law seriously. However, the state is committed to cracking down on distracted driving and recognizes that a major culprit is cell phone use. A conviction brings potentially serious legal and financial penalties.
Have you been ticketed for using a cell phone while driving in Long Island? Talk to Michael A. Arbeit, P.C. to find out how a conviction may impact your driver’s license and insurance.
Fines and Higher Insurance for Texting While Driving
Most drivers understand that texting while driving is illegal, but the law covers much more than sending and receiving text messages. A Long Island motorist may be convicted if, while driving, they are holding a cell phone and doing one of the following prohibited activities:
- Texting
- Talking on the phone
- Accessing electronic data
- Creating or working with images and videos
- Using the internet
- Playing games
In essence, anything that takes the driver’s focus away from the road (especially cell phone use) is considered a distraction that is punishable by a ticket. If you are convicted of violating the law, you should expect to pay a fine of at least $50 plus a surcharge of up to $95. The maximum fine will depend on any previous convictions you’ve had for texting while driving:
- First-time offense: Maximum fine of $200
- Second time offense within an eighteen-month period: Maximum fine of $250
- Any additional ticket within an eighteen-month period: Maximum fine of $450
Your automobile insurance policy will also increase with each ticket. Your insurer will consider you a risky driver and raise your rates accordingly, based on their own criteria. It may take a significant amount of time before these rates go back down.
Points and Possible License Suspension
Drivers who are convicted of moving violations in Long Island receive points on their driving record, including for cell phone use which results in five points. Previously, points remained on one’s record for up to 18 months, but this lookback period is being extended to 24 months. An individual who receives 11 points in 18 (increasing to 24) months will have their license suspended.
A driver’s license suspension means that you cannot legally drive, which could affect your ability to work, go to school, and provide for yourself and your family. You will not be allowed to drive again until:
- The suspension period for your license ends
- You pay a suspension termination fee (typically $50)
- You have a valid driver’s license
Points do not go onto someone’s driving record until there has been a conviction, so merely being charged with improper cell phone use does not result in points. But the points will be counted from the date of the offense for purposes of the 24-month lookback period.
How We Can Help With Improper Cell Phone Tickets
Too many tickets for illegal use of a cell phone while driving will cost you money and possibly your ability to drive. However, your Long Island traffic ticket lawyer may be able to work out a plea bargain with the prosecutor or challenge the government’s evidence. This may keep points off your license and prevent insurance premium hikes.
Attorney Michael Arbeit has handled all manner of traffic tickets and offenses, and understands what it takes to represent the best interests of his clients. Find out why so many drivers trust his experience by connecting with our law firm today.