⚖ Violation Reference
Texting 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
Composing, sending, reading, or viewing a text message while operating a motor vehicle. Same statute as handheld device use. Courts view texting more seriously than passive phone holding. Prior offenses within 18 months compound fines substantially.
Fine Range
$50–$450 depending on prior offenses
Surcharge
$88–$93
License Points
5 points
How to Contest
- Appear at TVB, plead Not Guilty
- Challenge whether officer could distinguish texting from GPS or music
- Phone records (showing no message sent/received at time) can be powerful evidence
Common Defenses
- Device was GPS / navigation app (not text)
- Vehicle was stopped in traffic
- Phone records show no activity at time of stop
- Officer's observation angle inadequate
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 →