When you turn to Falk & Klebanoff, our law office can help you understand the law, protect your driving record, reduce or avoid fines, and potentially save you hundreds or even thousands in insurance costs. If you are unsure about the ticket’s validity or the penalties, legal representation can be a smart step to safeguard your future. We are located in West Hempstead, New York and work with clients from across Long Island.
When you reach out to us, we can provide you with a no-obligation consultation to go over your texting while driving ticket and why you may need a lawyer.
If you get a texting while driving ticket, you may want a lawyer because the consequences can be significant. On top of that, the rules are often complex and need that legal support you might be missing. Here are 6 key reasons you may need a lawyer if you got a texting while driving ticket.
Fines for texting while driving range from about $20 to over $500 depending on your offense history. Many jurisdictions also add points to your license, which can lead to higher insurance rates (often 20–30% increases) and, in some cases, license suspension. Court fees and surcharges can double or triple the base fine.
A distracted driving conviction can raise your premiums for years, sometimes up to three years. This can cost hundreds of dollars annually in extra premiums.
Police may rely on limited evidence, such as a photo or officer’s statement, to prove texting. Mistakes on citations, such as wrong statute numbers or missing signatures, can be grounds for dismissal. A lawyer can review the ticket for errors and build a defense.
A traffic ticket attorney can help you challenge the ticket if you can show:
If you plead guilty, you may be required to pay fines, attend court, or complete traffic school. A lawyer can negotiate for dismissal, reduce penalties, or secure a better outcome.
Texting while driving is illegal in the state of New York. Many states treat it as a primary offense, meaning police can pull you over solely for texting, without needing another traffic violation. New York is even part of the 33 states that have instituted a “hands-free” law. Under this law, drivers cannot physically handle a handheld mobile phone or portable electronic device while operating a motor vehicle, whether the vehicle is moving or stopped at a red light, stop sign, or in traffic. This includes:
Texting and driving throughout New York State is taken very seriously due to the significant dangers associated with distracted driving. The penalties for texting and driving have been designed to deter drivers from engaging in this hazardous behavior. Here’s a quick breakdown of the penalties.
Texting and driving tickets and subsequent convictions can impact car insurance rates. Insurance companies view these infractions as high-risk tickets and as a result they may increase premiums.
If you are convicted of a texting and driving offense, you will receive 5 points on your permanent driving record.
For drivers with a probationary license, a Class DJ, Class MJ driver license, or learner’s permit: Conviction for a first texting and driving offense can result in a suspension of the driver’s license or permit for 120 days.
A second offense committed within six months of the license or permit restoration can result in a revocation of at least one year of the driver’s license or permit. Accumulation of 11 points to your driving record within 18 months from violations will also lead to a license suspension.
In some cases, most notably for repeat offenders, the court might mandate participation in a distracted driving awareness program. It is important to remember that these penalties are designed to underscore the dangers of texting and driving. Distracted driving, especially texting while driving, significantly increases the risk of accidents, endangering both the driver and other road users. Always prioritize safety and avoid using your phone while driving. Laws and penalties may evolve, so staying updated with current regulations is essential.
