Texting Tickets

- Now carry 5 points –

Using a portable electronic device while driving in New York now carries 5 points. Most people think that this law only covers texting, but in fact, covers a lot more than just texting. The law prohibits you from holding a portable electronic device and talking on a handheld mobile phone, reading, sending, composing emails and text, browsing, accessing, transmitting, saving or retrieving electronic data such as webpages, text messages or emails while driving. It also prohibits playing games and transmitting images while driving.

Under the law a portable electronic device includes hand held mobile telephones, PDA’s, pagers, laptop computers, broadband personal communication devices, electronic games, portable computing devices and two way messaging devices.

There are exceptions to the law when a using a GPS device that is attached to the vehicle, or using portable electronic device affixed to the vehicle surface.

Cell phones may be used, using a hands free device which allows thedriver to communicate without using either hand.

Another exception to law includes phone calls to the police, fire department doctor’s office, hospital, or ambulance regarding an emergency.

The penalties for a conviction for using a portable electronic device are the same as those for cell phone violations. A conviction for a portable device violation carries a minimum fine of $50 and a maximum fine of $150 for first time offenders. A conviction for a second portable electronic device violation within 18 months carries a fine of up to $200, and a conviction for a third portable electronic device violation within 18 months carries a maximum fine of $400. In addition there is also a surcharge that the court is required to impose upon conviction of either $88 or $93 depending on the court.

There are additional penalties for those convicted of portable electronic device violations who have a probationary license, a junior driver’s license with a class DJ or MJ or a learner’s permit. A conviction for a portable electronic device violation with any of these types of licenses, or a learner’s permit will result in a driver’s license suspension, or suspension of the learners permit for 60 days for the first offense. A second conviction within 6 months will result in a revocation of at least 6 months for a probationary license and 60 days for a Class DJ or MJ driver’s license or learner’s permit.

In New York, the law imposes stricter rules regarding the use of electronic portable device while operating a commercial motor vehicle. In addition, those convicted of using a portable electronic device while operating a commercial motor vehicle or those with CDL Licenses may be subject to additional penalties under the law.

The Suffolk County Traffic and Parking Agency takes a firm position with regard to Suffolk County electronic portable device violations and prosecutes these cases more vigorously than most of the other courts throughout Suffolk and Nassau County.

If you received a ticket for texting or using an electronic portable device in Suffolk County, you should consult with an attorney.

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