What Are the Penalties for Texting and Driving in New York State?

Last Updated on September 25, 2026 by James Shaffer

Texting while driving is illegal in New York, and the state’s distracted-driving rules cover much more than sending a text. Drivers can also be ticketed for holding a portable electronic device to read email, browse the web, view or take photos, play games, or perform other electronic tasks while driving.

A conviction can result in a fine of $50 to $450 depending on prior violations, a surcharge of up to $93, and 5 points on your New York driving record. Junior and probationary drivers can also face mandatory license or permit suspensions.

What Is Illegal Under New York’s Cell Phone and Texting Laws?

New York has separate laws covering handheld phone calls and portable electronic devices. Under Vehicle and Traffic Law § 1225-c, drivers generally cannot use a handheld mobile phone to make a call while the vehicle is in motion. Hands-free calling is an exception to that restriction.

Vehicle and Traffic Law § 1225-d prohibits using a portable electronic device while operating a moving motor vehicle. According to the New York DMV, prohibited handheld-device activities include:

• Composing, sending, reading, or accessing text messages or email
• Browsing or accessing webpages or other electronic data
• Viewing, taking, or transmitting images
• Playing games
• Talking on a handheld mobile phone

The law includes limited exceptions, such as using a device solely to communicate with emergency services, a hospital or medical provider, an ambulance service, a fire department, or police about an emergency. Certain emergency personnel acting in their official duties are also exempt.

What Are the Penalties for Texting and Driving in New York?

New York uses the same basic fine schedule for violations involving handheld mobile-phone calls and prohibited use of portable electronic devices. The amount depends on how many qualifying violations you have committed within an 18-month period.

Violation	Minimum Fine	Maximum Fine
First offense	$50	$200
Second offense within 18 months	$50	$250
Third or subsequent offense within 18 months	$50	$450

The New York DMV states that a surcharge of up to $93 can also apply to these violations.

How Many Points Do You Get for Texting and Driving in New York?

A conviction for using a mobile telephone or portable electronic device while driving adds 5 points to your New York DMV driving record.

This is an important change to watch in older information about New York’s point system: the DMV currently calculates a possible point-based license suspension using violations committed within a 24-month period. If you accumulate 11 points within 24 months, your license may be suspended. See our guides to driving without a valid license in New York and New York’s point and insurance reduction rules for more information.

There is another threshold to keep in mind. According to the New York DMV point system, accumulating 6 or more points within 18 months can also trigger a Driver Responsibility Assessment fee.

DMV points and insurance-company rating systems are not the same thing. Insurers use their own underwriting and rating rules, so a texting or cell phone conviction may affect your premium differently depending on the insurer and your overall driving record.

Special Penalties for Junior and Probationary Drivers

New York imposes additional consequences on certain new and young drivers. If you have a probationary license or a Class DJ or MJ driver license or learner permit, a first conviction for violating New York’s handheld-phone or portable-device law results in a 120-day suspension.

If you are convicted again within six months after your license or permit is restored following that suspension, the DMV can revoke the license or permit for at least one year.

If you or your teenager is still in the learning stage, our guide to car insurance with a learner’s permit explains how coverage generally works. We also have additional resources for teen drivers and their families.

Cell Phone Rules for Commercial Drivers

Commercial motor vehicle drivers face stricter restrictions. New York law prohibits motor carriers from allowing or requiring their drivers to use prohibited handheld phones or portable electronic devices while operating commercial vehicles.

For commercial drivers, the restrictions also apply while the vehicle is temporarily stopped because of traffic, a traffic-control device, or another momentary delay. A commercial driver generally must pull safely to the side of or off the public highway in a location where stopping is permitted before using the device.

The rules for hands-free calling are also more restrictive for commercial drivers. For example, a phone is not treated as hands-free under New York law if the driver must press more than a single button to dial or answer it.

Why Texting While Driving Is So Dangerous

Texting combines several forms of distraction: it can take your eyes off the road, your hands off the wheel, and your attention away from driving. The National Highway Traffic Safety Administration says reading or sending a text takes a driver’s eyes off the road for about five seconds. At 55 mph, that is roughly equivalent to traveling the length of a football field without looking at the roadway.

Distracted driving remains a serious national safety problem. NHTSA reports that 3,208 people were killed and more than 315,000 were injured in crashes involving distracted drivers in 2024. Those numbers include many forms of distraction, not just texting.

Hands-free technology can reduce the need to physically hold a phone, but it does not eliminate distraction. The safest option is to minimize phone-related activity until the vehicle is safely parked.

Ways to Avoid Texting While Driving

A few simple habits can make it easier to keep your attention on the road:

• Use your phone’s driving or Do Not Disturb mode. Silencing notifications removes much of the temptation to check a message as soon as it arrives.
• Put the phone out of reach. Store it in the glove compartment, a bag, or another location where you cannot easily pick it up while driving.
• Ask a passenger to handle messages. If someone else is riding with you, they can respond to calls or texts without requiring you to look away from the road.
• Set navigation before you leave. Enter your destination and choose your route while the vehicle is parked.
• Pull over before using the phone. If a message or call cannot wait, find a safe and legal place to park.

If you want to use your phone without having to drive at all, public transportation, a taxi, or ridesharing services may be alternatives depending on where you live.

Can a Texting Ticket Affect Your Car Insurance?

It can. New York DMV assigns 5 points for a cell phone or portable-electronic-device conviction, and insurers may consider traffic convictions and driving history when determining premiums. Insurance companies use their own rating systems, however, so there is no single increase that applies to every driver.

Repeated violations can have more serious consequences, particularly if they contribute to enough DMV points for a suspension. If your license is suspended, our guide to car insurance with a suspended license in New York explains some of the insurance issues you may encounter.

FAQs on Texting and Driving in New York