Is cell phone use while driving illegal in New York?

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Is cell phone use while driving illegal in New York?

Published on June 27, 2025 by Surdez Perez Law

When it comes to cell phone use while driving, most states have implemented laws that restrict the use of electronics while operating motor vehicles. Not only can driving while on your cell phone violate “distracted driving” laws, but it can also cause a fatal motor vehicle accident. We understand how the law in New York relates to your ability to use your cell phone while driving. 

According to the New York State Police website, New York law forbids anyone to access portable electronic devices while driving. This includes any hand-held mobile device with data access such as: 

  • Cell phones 
  • Personal digital assistants (PDAs) 
  • Laptops 
  • Pagers 
  • Any two-way messaging device 
  • Any gaming device 

Exceptions that apply to cell phones include the following instances: 

  • You use a hands-free cell phone to communicate entirely without the use of your hands 
  • You are operating an emergency vehicle while performing official duties 
  • You make a call in an emergency situation to the police, fire department, hospital or emergency room  

The current fine in New York for violating these laws may involve a ticket and a fine of up to $200. Additionally, you may receive up to five penalty points on your license. Distracted driving is the lead cause of property damage and personal injury crashes in New York. 

Driving while distracted by a cell phone is one of the major contributors to motor vehicle accidents and state authorities take it very seriously. Additional initiatives and awareness campaigns are also utilized by the authorities to help reduce accidents related to cell phone use while driving. More information about this topic is available on our web page. 

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