On November 1, 2014, New York State increased the penalties and fines for drivers who stubbornly continue to drive while texting. Prior to 2011, texting and driving was a secondary violation in New York, meaning that a motorist who was caught driving and texting could not be issued a traffic infraction for this conduct unless he or she was also committing another traffic violation, such as speeding, following too closely or disregarding a traffic control device. Recognizing the dangerousness of texting while driving, the New York State legislature strengthened the law three years ago, making texting and driving a primary infraction with no requirement for another moving violation to be found guilty of the infraction.
Continuing in this vein, the points that are assessed on the drivers’ license for a texting and driving infraction have increased since 2011 from 2, to 3, and now the violation results in a five point assessment due to a strengthening of the law in 2013. The five points is also imposed if the motorist is using a hand held device to make a call, check or send emails, or use the device in any other way. Eleven points within an 18 month period leads to a suspended license, and 6 points in that period will result in a “Driver’s Responsibility Assessment” of $300.00, which must be paid in three annual installments or all at once to avoid a suspension.
Under the new texting law, a first time conviction or plea of guilty to a texting while driving offense for a driver under the age of 21 results in a 120 day suspension of their junior license. If the youthful driver commits a second violation within 6 months of being reinstated, he or she will be looking at a one year license or permit revocation. Fines have also been increased under the tougher new regulation. The maximum fine for a first time offense is now $200.00, increased from $150.00. A second offense committed within 18 months of the first will now carry a maximum fine of $250.00, up from $200.00. A third offense will lead to a maximum fine of $450.00, an increase of $50.00.