Using a Cell Phone/Texting While Driving on a Probationary or Junior License

November 17, 2014

Hey kids! In case you didn’t already realize that using a cell phone or texting while driving was incredibly dangerous and stupid, New York has now upped the consequences if you get caught doing it while you’re still a neophyte driver (i.e., already a menace on the road!).

Effective November 1, 2014, a conviction for a violation of either VTL 1225-c (using a cell phone while driving) or VTL 1225-d (use of a texting device while driving) will result in a mandatory 120 day suspension of any permit, probationary or junior class license (DJ or MJ).

But wait! There’s more! If you pick up a second (or subsequent) such conviction within 6 months of getting your permit, probationary or junior class license back after serving the 120 day suspension from a prior 1225-c/1225-d, your license will be revoked for at least one (1) year!

The fines for all cell phone /texting violations (regardless of license type/class) have also increased as of November 1, 2014.

First offense:                                                                    $50 to $200

Second Offense (within 18 months):                               $50 to $250

Third or Subsequent Offense (within 18 months):           $50 to $450

Oh yea! And don’t forget about the five (5) points added to your license!


In some cases, a violation may be reduced to a lower point offense (or sometimes a zero point offense), if not dismissed entirely.  Cell phone /texting offenses are considered “serious driving offenses” and can have collateral and unforeseen consequences long after your last court appearance.  It is therefore very important that anyone charged with a cell phone, texting or any moving violation contact an experienced traffic ticket defense attorney as soon as possible.  The attorneys at a Catalano & Carpenter LLP have disposed of countless tickets throughout New York State, and in most instances without the client ever having to appear in court or take time off from work or school.

If you have received a ticket for any moving violation in New York State, call the experienced trafficticket defense attorneys at Catalano & Carpenter LLP today at (845) 454-1919 for a free phone consultation to discuss your matter and how we can help you, or visit us