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Drivers Face a Harder Road If Caught Talking on Their Cell Phones

By Thomas J. Carr

New Yorkers will soon have to decide whether it is more important for them to talk on the phone while driving or to have a valid driver’s license. Beginning on February 16, 2011, drivers who are pulled over for talking on a hand held device will face a moving violation and up to two points on their license. Previously, the cell phone ticket was considered a non-moving violation which carried zero points.

Since 2001, New York has had in effect a statewide ban on hand held cell phone use while driving, punishable by up $100. However, drivers have largely viewed this law as toothless and talked while driving undeterred by the consequences of being caught with a phone at their ear.

The new law could change that, because if too many points are issued against a driver’s license then the New York State Department of Motor Vehicles could suspend or revoke the license or make its holder lose his or her job. Points also translate into higher insurance premiums.

Up until now, most drivers who received a cell phone ticket accepted the slap on the wrist and mailed in the fine. Starting February 17th, you will see more drivers seeking representation and trying to get that ticket reduced.

To speak with an attorney about a criminal matter or violation please contact 1-888-Law-4-Life or visit online at


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