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.
Recent Reviews
Read What Our Clients Have to Say
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"Martin took care of two tickets that were worth 8 points on my license!"Martin and his team were so professional, attentive, and responsive. I recommend Martin 100%!! Thank you so much. Very very much appreciated.Christine
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"It's a relief knowing they are on my side."
I am currently a client of Martin and his firm. They are a hard working firm and have been a pleasure to work with. I have spoken to several of them on the phone (sometimes on the weekend) and they have been nothing short of kind and generous. Their feedback and guidance thru emails and phone calls have been outstanding. It's a relief knowing they are on my side and doing everything they can to restore my driving privileges. Their attention to detail and enthusiasm in helping me is unlike no other firm I have dealt with. I would highly recommend them if you are in any sort of traffic violations.
Sky -
"Would highly recommend, thank you again!"The NY DMV can be difficult to navigate, I am so glad that I called Martin A. Kron & Associates. Vanessa and the team resolved a difficult situation for my family in a matter of days.Anthony
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"Reduced my son's fine considerably."My son and I consulted with Martin for a traffic violation that was received in the Bronx in 2016. His knowledge reduced my son's fine considerably as well as helped him shed points in an efficient manner. We would recommend him for hire.Paul
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"I would refer him to anyone, anytime for anything."I had 3 cell phone violations within 18 months, which by law subjects me to license suspension. Mr. Kron and I deferred our case 4 times which is the maximum. When we finally decided to plead me guilty, Mr. Kron did everything within his power to reason with the judge for leniency-and he succeeded!! I was found guilty, have to pay a fine, but will be able to keep on driving which is extremely important for me to maintain my lifestyle. Most importantly, during this process, I was a nervous wreck. Mr. Kron was immediate in his responses to my inquiries----almost replying to my texts before I hit send!! I cannot thank this man enough... I would refer him to anyone, anytime for anything. He did an absolutely wonderful job for me. One final thought. You know how you read about or see about everything else that works for other people but never works for you? This is a case where this guy was an angel and delivered me the best possible outcome. I am a very lucky man today because of Mr. Kron.Brian
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"I received invaluable advice on my case."I received a ticket for driving with an expired license and thought I'd go to court myself without consulting an attorney. However, last minute, a friend recommended Mr. Kron. Without much notice, I received invaluable advice on my case which spanned both NY and NJ traffic laws. Instead of having my license suspended, I received a minimal fine. I would highly recommend Mr. Kron He is extremely knowledgeable and professional and I'm very grateful I did not go at it alone.Talia
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"Martin and Vanessa are superlative professionals, and I can't recommend them highly enough!"Martin took on my case for a flat rate and guaranteed a full refund if he couldn't reverse the suspension. Three weeks later, my license was fully restored!John L.
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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
What Sets Us Apart?
We Put the Needs of Our Clients First
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Over 30 Years of Experience
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Former New York State
Traffic Court Judge -
Trained by New York State Department
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Quickly Returns Phone Calls
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