Effective for traffic tickets issued on or after February 16, 2011, the New York State Department of Motor Vehicles will assess a 2-point moving violation for a failure to use a hands-free device while driving.[1]
A violation of either New York Vehicle and Traffic Law Section 1225-c, “Use of mobile telephones,” or the newer Section 1225-d, “Use of portable electronic devices,” now carry a penalty of 2 points on your driver’s license, in addition to the ticket fine, court fees, and mandatory surcharges.[2]
This is not a change in the Vehicle and Traffic Law itself, but a change in policy by the New York State Department of Motor Vehicles.
In light of this new policy, it is even more imperative to seek an attorney who will be able to negotiate for reductions of any traffic violations that you might be charged with, including cell phone violations.
If you get 6 points on your license, the DMV will charge you an Assessment Fee of $300, (with an additional fine of $75 for every point over six). For example, if you get just one 4-point speeding ticket and one cell phone ticket, then you will have 6 points on your license. And, if you reach 11 points in an eighteen month period, your license can be suspended.
An experienced local traffic lawyer will be able to aggressively negotiate for all possible reductions of your charges, protect your driving privileges, minimize points on your license, and most importantly, lessen the impact on your automobile insurance rate. Hiring an attorney at a reasonable rate will nearly always save you money in the long-run.
For more information or for a free legal consultation regarding any New York traffic violation, please contact the Law Office of Lorenzo Napolitano at (585) 325-4445 or by email at Lorenzo@NapolitanoLaw.com.
[1] The Yeshiva World News, New York Cell Phone Tickets Will Now Result in Two Points on Your License, available at http://www.theyeshivaworld.com/news/General+News/83025/New-York-Cell-Phone-Tickets-Will-Now-Result-In-Two-Points-On-Your-License.html. See also, New York State DMV website, available at http://www.nydmv.state.ny.us/dmvfaqs.htm#cell
[2] New York Vehicle and Traffic Law, Sections 1225-c, 1225-d, available at http://www.safeny.com/phon-vt.htm.