⚖ Violation Reference
Cell Phone / Handheld Device While Driving
NY Vehicle & Traffic Law § 1225-d · Traffic & Driving
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Using a handheld mobile telephone or electronic device while operating a motor vehicle. Five points on your license per offense. New York has a zero-tolerance enforcement posture — even holding a phone at a red light constitutes a violation. Hands-free/Bluetooth use is legal.
Fine Range
$50–$200 (first); $50–$250 (second); $50–$450 (third+)
Surcharge
$88–$93
License Points
5 points
How to Contest
- Appear at TVB and plead Not Guilty
- Challenge whether device was truly in use vs. simply visible
- Request officer's position, angle, and observations at the time
- If hands-free device: demonstrate device was Bluetooth/mounted
Common Defenses
- Device was not in use (mounted, Bluetooth)
- Vehicle was not in motion
- GPS or hands-free system misidentified
- Officer's vantage point inadequate to observe use
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →