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Texting While Driving Former Traffic Court Judge Fighting For You

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.

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    "Mr. Kron is wonderful!"
    Mr. Martin A. Kron is a knowledgeable, professional, effective and caring Attorney. And finding this combination is very rare. He treats you like a client, but he also treats you like family. I have gotten speeding tickets in the past and handled them myself. But this was a DWI Ticket (and a careless driving ticket) and I was petrified. I found Mr. Martin Kron, and he was wonderful. He believed what I had to say, he walked me through the process, and he even gave me his cell number and home email so that I could contact him any time I felt scared or confused. The first court date was just to enter the plea. Mr. Kron spoke with the Prosecutor prior to the second court appearance and we were hoping that based on the evidence, the Prosecutor would dismiss the tickets. No such luck. I think the Prosecutor wanted another "win" in his column, and I was going to be it. Mr. Kron presented our case and the Prosecutor presented why he had grounds to proceed to trial. But Mr. Kron professionally stood his ground and the 2 tickets were dismissed that day! I couldn't more highly recommend an attorney! Mr. Kron is wonderful!
    Eileen
    "SAVED MY LICENSE"
    My lawyer helped save my license from a suspension. If I can't drive I can't work or feed my family. They were always on top of my case and helped me continue to drive for a living. I spoke with all three partners and each one knew about my case and helped each step of the way. Vanessa the manager was so helpful and didn't mind that I called every day.
    Augie
    "I walked out with my best possible outcome."

    After receiving a ticket for driving in a construction zone, I reached out to Marty who was highly recommended to me. Marty was terrific and clearly laid out all the possible scenarios. Sometimes court can be overwhelming (points, no points, fine, reduced fine, guilty vs not guilty) yet Marty made everything simple and focused on what outcome was most important for me. Due to Marty, I walked in confident and walked out with my best possible outcome

    I hope to not be in court again for any type of traffic violation but Marty will be my first call if I need assistance and anyone else reading this should do the same.

    Justin
    "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
    "I was out of the court in 20 minutes."
    Marty is a professional, and a very caring person. Recently on my way to daughters graduation, I entered HOV lane at GW Bridge. On his advise I pleaded guilty but the points were waived. He met me at the court and we went before the judge right away and I was out of the court in 20 minutes.
    Satisfied Client
    "Martin A. Kron got me off with a warning."
    In September 2015 I was faced with a very serious New York City traffic violation. I was very upset with the predicament I had gotten myself into & reached out to Martin A. Kron for legal counsel. Subsequent to explaining what happened Martin agreed to handle my case & assured me I was in good hands - at this point I formally retained Martin. I sweated out a possible suspended license - I was humiliated, embarrassed & humbled by the sheer recklessness of my actions. I swore to myself that if I got off with just a warning I would never ever disobey the traffic laws again. Via his expert legal acumen & experience, Martin A. Kron got me off with a warning. I strongly recommend The Law Offices of Martin A. Kron to anyone facing a traffic violation. In summary, do not disobey the traffic laws - the consequences are just not worth it.
    Robert
    "Moving violation dismissed."
    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.
    Irving
    "The judges in the courts we were in knew who he was and liked him."
    Martin Kron and his office did a wonderful job helping me with traffic tickets that were more than 3 years old!!! The judges in the courts we were in knew who he was and liked him and his professionalism. His associates in his office were very very nice, timely and helpful. He was always reachable and actually made the experiment fun... I was worried I would have to pay high fines because I had not done anything about these tickets for so many years, but because of Martin and his relationships with the courts, I really got great fines with no points added to my license!!! I forwarded his information to several of my friends because we finished so quickly. I would refer him again at any time.
    Darra

What Sets Us Apart?

We Put the Needs of Our Clients First
  • Over 40 Years of Experience Handling Traffic Cases
  • 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
  • In-Depth Understanding of New York & New Jersey Traffic Laws and How Points Transfer Across State Lines
  • Fast, Reliable Communication Every Step of the Way