How Much Are Fines for Texting and Driving in New York?

Texting and driving in New York is no joke. If you get caught, you’ll be subject to fines and other penalties such as points.

Fines

For your first texting and driving offense, you could pay anywhere from $50 to $200 in fines. That latter number increases to $250 for your second offense within 18 months, and to $450 for your third offense and up within the same time period.

Points

Aside from fines, you’ll get points added to your driving record. For crimes committed after June 1, 2013, you’ll get five driver violation points.

Penalties

Other penalties apply to Class DJ drivers, Class MJ drivers, and learner’s permit drivers.

These are the laws surrounding texting and driving in the state of New York:

• You can’t use a handheld mobile telephone device or a portable electronic device while you drive.
• You can’t hold a portable electronic device.
• You can’t talk on a handheld mobile phone.
• You can’t play games.
• You can’t compose, read, send, access, browse, save, retrieve, or transmit any electronic data, such as texts, webpages, and emails.
• You can’t view, transmit, or take photos or other images.²

Exceptions

The one exception to these rules is for commercial motor vehicles stopped at the side of or off a public highway where they’re not prohibited by law, or if a police officer directs them to stop. However, this won’t apply to most people driving for personal reasons.

Vision Zero

Vision Zero is an official New York City policy that began in 2014 in hopes of ending traffic injuries and deaths. One of the ways that Vision Zero prevents these injuries and deaths is through enforcement against dangerous violations, like talking on the phone or texting while driving.³

In New York, auto insurance isn’t cheap. In general, accidents cause auto insurance costs to increase. The higher the rate of accidents, the more claims insurance companies have to pay. Rather than dipping into their own pockets, the insurers pass these costs on to the customers in the form of higher premiums. New York car insurance laws may allow you to reduce the number of points on your record if you have multiple offenses, but you’ll still pay higher-than-average rates.

While the National Association of Insurance Commissioners (NAIC) claims that they base this information on traffic violations and accidents from driving records, which explains the 16 percent increase in premiums since 2011,⁴ we found some conflicting data.

In combining NAIC data on auto insurance expenditures with data from the U.S. Department of Transportation,⁶ we found that even though the number of deaths from distracted driving decreased by 15 percent between 2011 and 2018, the average expenditures for auto insurance increased by over 30 percent. It’s not entirely clear why the average cost of auto insurance kept rising during that time, but the correlation with distracted driving deaths isn’t direct. Unfortunately, in 2019, distracted driving deaths rose, and they have hovered around 3,000 deaths annually up until 2022 (the most recent year for which we have fatality and NAIC data).

New York takes texting and driving seriously; if you do it, you’ll have to pay a minimum of $50 for your first texting violation. So, next time you’re on a cell phone while driving, put it away, as you might incur a traffic ticket.

If you want to learn more about driving in New York, read our articles on whether you need New York car registration for car insurance. If you’re traveling across the country, read about the fines for texting and driving in California, another one of our auto insurance FAQs.