UPDATE: NEW YORK CELL PHONE TICKETS ARE NOW 5 POINTS!
Although there are mandatory suspensions and revocations of driver’s license such as driving while under the influence of alcohol or drugs, the most common way to lose your license is through the New York Department of Motor Vehicles point system.
New York’s new two-point cell phone law, which will take effect February 17, may tip the point scale against a driver resulting in a license suspension.
The current law is that if you accumulate 11 points in an 18-month period, the DMV may suspend your driver’s license. For example, if you receive one speeding ticket and 4 points for driving 15 MPH over the posted limit and another ticket in six months for travelling 25 MPH over the posted limit – a 6-point violation, you will not lose your driving privileges.
However, with New York’s cell phone law, Vehicle & Traffic Law section 1225-c carrying a 2-point moving violation, if one of the above speeding violations includes a cell phone ticket, you will have accumulated more than 11 points in 18 months. As a result, your license may
be suspended by the DMV.
Interestingly, it has been reported that originally the DMV did NOT give points for a violation of VTL 1225-c because it reasoned that cell phone violations would accompany other violations for which points will be given. This very reasoning does not bode well for NY drivers under the new cell phone law. Now the two-points for a VTL 1225-c violation may be tacked onto other violations. As a result you might find yourself with 11+ points within an 18-month period and no driver’s license.
Keep hope alive because an experienced New York traffic attorney like Adam Rosenblum knows how to fight traffic tickets and reduce points. Email or call The Rosenblum Law Firm at 518-690-0445.