New York Texting While Driving Defense Lawyer
Trusted Legal Support for Texting While Driving Citations
Texting while driving is one of the most common “distracted driving” offenses and carries five points. At Martin A. Kron & Associates, P.C., we have extensive knowledge and experience handling traffic offenses in court.
Our founding attorney is a former traffic court judge who knows how the other side thinks and operates in these cases. We use that knowledge and experience in building effective defense strategies.
Understanding Distracted Driving
Various actions that divert your attention from the road fall under the umbrella of distracted driving.
They include:
- Personal distractions - talking on a cell phone, texting, eating, drinking, grooming, using other electronic devices, and more.
- Internal distractions - other passengers, pets, or objects in the vehicle
- External distractions - other vehicles, the roadway, the weather, and more
Fight Your Texting Ticket Today! Don't let fines and points pile up—contact us at (212) 235-1525 for a free consultation!
Understanding Fines for Cell Phone Tickets in New York
Under New York Law, if you are convicted of distracted driving or a cell phone ticket, you will face the following fines:
- First Offense: $50-$200 fine.
- Second Offense (Within 18 months): $50-$250 fine
- Third Offense (Within 18 months): $50-$450 fine
In addition to the fines, you will receive five points on your driving record and a possible license suspension.
Legal Implications of Holding Your Phone While Driving
Under New York Vehicle and Traffic Law (VTL) Section 1225c-d, it is a violation to hold a mobile phone to your ear or even in immediate proximity to your ear. This violation also includes maneuvering to gain access to your cell phone.
Consequences of Texting While Driving in New York
Texting while driving is not only dangerous, but it can also have serious legal consequences. In New York, texting while driving is considered a primary offense, meaning that law enforcement can pull you over solely for texting behind the wheel. If you are caught texting while driving, you may face:
- Hefty fines
- Points on your driving record
- Increased insurance premiums
- License suspension
- Possible jail time
At Martin A. Kron & Associates, P.C., our dedicated texting while driving lawyers understand the complexities of New York traffic laws and can provide you with the skilled legal representation you need. We will work diligently to protect your rights and minimize the potential consequences of a texting while driving citation.
Don't let a texting while driving ticket derail your life. Contact our dedicated New York texting while driving attorney today to schedule a consultation and discuss your options.
Safety Risks Associated with Texting While Driving
Texting while driving is one of the most dangerous forms of distracted driving, significantly increasing the likelihood of accidents and injuries. The primary safety risks stem from the fact that texting demands visual, manual, and cognitive attention, which means that drivers are not fully engaged in controlling the vehicle or responding to changes on the road. Research shows that a driver’s reaction time can be delayed by up to 23 times when texting compared to non-distracted driving. This delay can result in missed traffic signals, failure to notice other vehicles, pedestrians, or obstacles, and an overall diminished ability to make split-second decisions.
In New York, texting while driving is illegal because of the substantial risks it poses. Drivers who take their eyes off the road for just five seconds while texting at highway speeds can travel the length of a football field without looking. This lapse in attention greatly increases the chances of rear-end collisions, lane drifting, and side-impact crashes, which are common outcomes of distracted driving incidents.
Texting while driving also puts others on the road at risk. Pedestrians, cyclists, and other drivers are all vulnerable to the erratic driving patterns that result from texting behind the wheel. Studies suggest that nearly 1 in 4 car accidents today are caused by distracted driving, with texting being a leading contributor.
Given the severe safety risks, both New York state law and national safety organizations advocate for strict penalties and public education to reduce texting while driving. Those involved in accidents caused by distracted drivers may face not only fines and points on their license but also civil or criminal liability if injuries or fatalities occur.
Defenses Against Texting While Driving Tickets
Getting a texting while driving ticket doesn’t mean you’re automatically guilty. There are several legal defenses that could help you fight the charge. A skilled attorney can challenge the citation in different ways, including:
- Lack of Evidence – The officer must prove that you were actively using your phone for texting. If there is no clear proof, the ticket may not hold up in court.
- Using Your Phone for Legal Purposes – In New York, certain phone activities are allowed, such as using a GPS app (if mounted) or making a hands-free call. If you were using your phone legally, your ticket may be dismissed.
- Mistaken Identity – Sometimes, an officer may mistakenly believe you were texting when you weren’t. If you can provide evidence—such as witness statements or phone records—you may be able to fight the ticket.
- Emergency Situations – If you were using your phone to contact emergency services, this can be a valid defense under the law.
How a Texting While Driving Ticket Affects Your Insurance
A texting while driving conviction doesn’t just lead to fines—it can also impact your car insurance rates. Here’s what you need to know:
- Insurance Point System – In New York, a texting violation adds five points to your driving record. Accumulating too many points can result in higher premiums or even a suspended license.
- Rate Increases – Insurance companies view texting while driving as a high-risk behavior. On average, a texting ticket can increase your insurance rates by 20-30% or more.
- How to Minimize the Impact – You can try to reduce the consequences by:
- Fighting the ticket in court to get the charge dismissed or downgraded.
- Taking a defensive driving course to lower your points.
- Shopping for new insurance if your current provider raises your rates significantly.
Differences Between Texting and Other Distracted Driving Violations
Texting while driving is considered one of the most dangerous forms of distracted driving, but how does it compare to other distractions?
- Texting vs. Talking on the Phone – Holding a phone to talk is illegal, but texting is even riskier because it requires visual, manual, and cognitive attention.
- Texting vs. Eating or Adjusting the Radio – While eating or changing the music can be distracting, they don’t take your eyes off the road for as long as texting does.
- Harsher Penalties for Texting – Because of the high risk of accidents, texting violations result in more points and higher fines than other minor distractions.
By understanding these key differences, drivers can better grasp why texting laws are strictly enforced and why it’s essential to avoid distractions on the road.
Recent Reviews
Read What Our Clients Have to Say
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"Martin was honest, clear and available."This was my first time hiring an attorney for a ticket. I had a ticket for speeding in a school zone and was in jeopardy of having my license suspended. Martin was honest, clear and available. He just communicated with me and shared I was found not guilty!!! So grateful and thankful for Martin and his team!Satisfied Client
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"Honest with regards to the whole matter and never gave me a false sense of security"I would like to personally thank Mr. Martin Kron for his help in getting a no left turn moving violation dismissed. I had a clean driving record with no moving violation and after speaking with Mr. Kron he made no guarantees and was honest with regards to the whole matter and never gave me a false sense of security as to what the final turn out would be. He said he would only do his best and I gave him my case. I was extremely worried because it was an injustice based on the circumstances and Mr. Kron was able to get the moving violation to dismiss and I thank him very much. I recommend Mr. Kron for traffic violations without hesitation, and again I say "Thank You" Mr. Kron.Irving
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"He didn't have to talk to me on his weekend but he did."
I Hired Martin to help resolve 2 tickets I received for improper use of a cellphone. Martin listened to my story and was very honest and said I would lose the case unless I could prove it was a dire emergency. Martin explained how the process worked and that there was no ability to plea the tickets down. He explained points of law and how his firm would represent me in the cases. He did this during a Sunday morning while with his family. I was very impressed with his dedication to my cases. He didn't have to talk to me on his weekend but he did. Very classy.
By the way, he won the first case for me! Second is pending. But regardless of the outcome, I know he is working hard to represent my case properly. Thanks for everything
Rob -
"Mr. Martin A. Kron & Associates is very professional, direct, and responsive."Mr. Kron and his firm delivered results way beyond my expectations. Job well done and worth the money!!Elie
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"No points and no suspension."Mr. Kron got my driving with a suspended license dropped down to a charge that carried no points and no suspension. Can't thank him enough for the excellent work he did.Jason
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"Martin is the perfect person for this job."
As a former NYS Traffic Law Judge and having previously sat where the Judges before him now sit, Martin is the perfect person for this job. Besides a plethora of experience on and off the bench, he's kind and honest, he listens and is attentive to your concerns, is straightforward and most importantly, gives out reasonable expectations. He always returns phone calls in a timely manner and makes himself accessible even on weekends. And to top it off, he even has a sense of humor. Hope I never have to hire him again, but if the situation arises, he's my go-to guy!
Margie -
"He was always calm and patient with me."Martin is absolutely the best at what he does! He helped me from beginning to end with an improper cell phone use ticket. He made himself available for me consistently and returned my calls if he wasn't able to speak. He explained things in detail and answered all my questions. I literally bugged this man with questions because of my anxiety and he was always calm and patient with me. On the date of my court hearing, I walk right in and right out as he tells me I got your case dismissed. I had the biggest smile on my face and I was certainly relieved. Hands down he is an excellent communicator and is surely effective! Thank you, Martin!Tasha
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"I am so glad I chose his firm, his fee was well worth it."I am very happy with Mr. Kron's help. He had my ticket for driving with lapsed insurance in New Jersey (1st offense, no bad driving history) dismissed, all I had to pay were $33.00 in court fees. I am so glad I chose his firm, his fee was well worth it.Mariya
What Sets Us Apart?
We Put the Needs of Our Clients First
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Over 40 Years of Experience Handling Traffic Cases
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Former New York State
Traffic Court Judge -
Trained by New York State Department
of Motor Vehicles -
Provides Personalized One-On-One Attention to Every Client
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In-Depth Understanding of New York & New Jersey Traffic Laws and How Points Transfer Across State Lines
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Fast, Reliable Communication Every Step of the Way