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Traffic Violations

Texting While Driving

Charged with texting or using a portable electronic device while driving in New York (VTL 1225-d)? The Law Office of Anthony Sharnov, PC reviews the stop, the officer's observations, and your options to fight the 5-point ticket.

Fight Your TicketCall 718-521-4909

Overview

What you need to know about Texting While Driving.

The basics, what we do, and the issues we see most.

How many points is texting while driving in New York, and what is the penalty?

Quick Answer

Texting while driving is charged under NY VTL 1225-d (using a portable electronic device) and carries 5 points on your license, unchanged in the February 2026 DMV schedule. The fine is $50 to $200 for a first offense, $50 to $250 for a second within 18 months, and $50 to $450 for a third, plus a mandatory state surcharge (typically $88 to $93). One ticket's 5 points sits just under the 6-point Driver Responsibility Assessment threshold, but combined with any other ticket it can trigger the $100-per-year assessment. Holders of a junior (Class DJ/MJ) or probationary license face a 120-day suspension on a first conviction.

Services we offer for Texting While Driving.

Anthony Sharnov, Esq. handles every stage of a VTL 1225-d portable-electronic-device case across New York City and the surrounding region:

  • Reviewing your ticket and the officer's notes to pin down what was actually observed, whether the vehicle was moving, and whether the device was held near your head
  • Appearing at DMV Traffic Violations Bureau hearings in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, where the officer must testify under oath
  • Cross-examining the officer on distance, sightline, lighting, and traffic to test the statutory hand-held presumption
  • Negotiating in local town, village, and city traffic courts that allow it to reduce the charge to a lower-point or zero-point violation where the record supports it
  • Distinguishing lawful conduct, such as a mounted-GPS use, a hands-free call, or a 911 emergency, from a 1225-d violation
  • Defending junior and probationary license holders facing the 120-day first-offense suspension and protecting CDL and rideshare/TLC drivers whose livelihood depends on a clean record
  • Appearing on your behalf for many cases so you avoid missing work or traveling to a distant courthouse

Scenarios we see most.

  • An officer stopped you for simply holding or glancing at a phone, even though you were not texting
  • You were using the phone as a GPS or map and believe a hands-free or mounted exception applies
  • The 5 points combine with another recent ticket and push you toward the 6-point Driver Responsibility Assessment
  • You hold a junior (DJ/MJ) or probationary license and are facing a 120-day suspension on a first conviction
  • You drive for work (CDL, TLC, rideshare, delivery) and a moving violation puts your employment at risk
  • The ticket was issued in a county far from where you live and you cannot easily return to court

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Everyday Drivers

Speeding and moving violations that add points and raise insurance costs.

Commercial (CDL) Drivers

Violations that can threaten a commercial license and a driver’s livelihood.

Suspended or Revoked Licenses

Aggravated unlicensed operation, reinstatement, and accumulated points.

Out-of-Area Drivers

Tickets received while traveling through NYC, Long Island, or Upstate New York.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Free case review

  2. 2

    Step 2 of 5

    Get the ticket details

  3. 3

    Step 3 of 5

    Enter a not-guilty plea

  4. 4

    Step 4 of 5

    Challenge or negotiate

  5. 5

    Step 5 of 5

    Resolve and protect your record

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

Can I be pulled over just for holding my phone in New York?

Yes. Since 2011, VTL 1225-d has been a primary offense, so an officer can stop you solely for appearing to use a portable electronic device. The law also creates a presumption that a device held near your head, ear, or face is being used. That presumption can be rebutted, which is one of the first things we examine in your case.

Question 2

Is using my phone as a GPS the same as texting while driving?

Not automatically. Using a navigation app on a device fixed to a mount or built into the vehicle, or making a hands-free call, is treated differently from holding a device to text or browse. We look at exactly what the officer observed, because the difference between a held device and a mounted or hands-free one can decide the case.

Question 3

Will one texting ticket trigger the Driver Responsibility Assessment?

A single VTL 1225-d conviction adds 5 points, which is just below the 6-point threshold for the Driver Responsibility Assessment. By itself it does not trigger the assessment, but if you have any other ticket in the same 18-month window, the combined points can push you over 6 and cost $100 per year for three years, with $25 per year added for each point above 6.

Resources

Helpful tools & references

Free, official resources from The Law Office of Anthony Sharnov — look up your situation before you call.

NY Court & DA Directory

Find the traffic court, criminal court, and District Attorney for any New York county — with official contact info.

Directory

Traffic Points Calculator

Estimate the DMV points a ticket adds to your license, and search the Vehicle & Traffic Law.

Tool

Penal Law Lookup

Search the New York Penal Law by section, offense, or keyword.

Tool

Legal Articles & Guides

Plain-language guides on traffic tickets, criminal charges, points, and summonses across New York.

Guides

Free case review

Fighting a texting-while-driving ticket in New York?

Before you pay a VTL 1225-d ticket and accept 5 points, talk to The Law Office of Anthony Sharnov, PC. Call 917-476-7666 for a free review of your ticket and your options.

Fight Your TicketCall 718-521-4909

Or email us

info@sharnovlaw.com

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Transparent pricing

    Fees quoted up front