Texting tickets could result in hundreds in fines and significant points on your driver’s license. As a result, it is best to consult an experienced ticket attorney for legal advice about your next steps after you’ve been issued a ticket. Attorney Gary S. Miller has been representing clients in the traffic law system in New York for 30 years, and he has handled tens of thousands of tickets through dismissals and reductions. He is deeply experienced in cell-phone-related driving charges, and he can efficiently resolve your texting ticket in Nassau County.
From the first time I spoke with him he walked me through the whole process from A to Z. He was able to get all 3 of my tickets dismissed with NO points and NO fines.Evan C.
Illegal Texting Activity
Under New York law, it is illegal to use a handheld mobile telephone or portable electronic device while driving.
Such illegal activity includes:
- holding a portable electronic device;
- talking on a handheld mobile telephone;
- composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data like e-mail, text messages, webpages;
- viewing, taking, or transmitting images;
- playing games.
The state also implements further specific rules for commercial drivers. In particular, a motor carrier must not allow or require their drivers to use cell phones or texting devices while driving. Note that the law considers such a mobile device to be one that requires the driver to press more than a single button to dial or answer the phone.
A commercial vehicle driver is also not allowed to make a phone call or use a texting device while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays. Any commercial driver who holds a mobile telephone in a conspicuous manner while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is presumed to be illegally using a mobile device.
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Texting while driving could result in a traffic ticket issuing fines and a surcharge of up to $93, depending on whether you have prior convictions:
- 1st offense – $50-$200 in fines
- 2nd offense (within 18 months) – $50-$250 in fines
- 3rd or subsequent offense (within 18 months) – $50-$450 in fines
A texting violation will also result in 5 points on your driving record. Recall that accumulating 11 points within an 18-month period will result in a duration of license suspension.
If you have been issued a ticket for texting while driving, contact the Law Office of Gary S. Miller immediately for legal help. While a one-time offense may seem like a manageable situation, be aware that every offense adds significant points to your driver’s license that could impact your driving privileges later down the line.