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Phones behind the wheel in New York: the rules and the penalties

Holding a phone while driving in New York costs 5 points and up to $450 in fines. Junior drivers lose their license for 120 days on a first ticket. Here is what counts.

DMVZone editorial · November 12, 2026 · 5 min read
Quick answer

New York bans holding a phone or other portable device while driving, for talking, texting, browsing, photos or games. Every conviction adds 5 points, fines run from $50 up to $450 for repeat offenses, and junior drivers lose their license or permit for 120 days on the first one.

Points
5
First fine
$50-$200
Third in 18 months
Up to $450
Junior drivers
120-day suspension
Cars wait at a red traffic light in lanes at a crosswalk, with a pedestrian crossing the street ahead.

Five points is a lot in New York. Add one speeding ticket for 1 to 10 mph over and you are at 8, already past the 6 points that trigger the Driver Responsibility Assessment.

Fines climb with each ticket

OffenseFinePlus
First$50-$200Surcharge up to $93, 5 points
Second within 18 months$50-$250Surcharge up to $93, 5 points
Third or more within 18 months$50-$450Surcharge up to $93, 5 points

Junior drivers and permit holders

For drivers with a junior license (Class DJ or MJ) or a learner permit, the first conviction suspends the license or permit for 120 days. A second conviction within six months of getting it back means a revocation of at least one year. For a 17-year-old, that can mean missing a whole school year of driving.

What the law covers

Not allowed

  • Holding the phone to talk
  • Texting, email or browsing
  • Taking or viewing photos
  • Playing games

Exception

  • Calling 911, police, fire or medical help in an emergency

Safer choice

  • Mount the phone and set the route before you drive
  • Pull into a Texting Zone on the Thruway or a state highway
Good to know

New York has signed Texting Zones on the Thruway and state highways: parking areas where you can stop and use your phone. Plan to use one instead of glancing down at 65 mph.

Check yourself3 questions
  1. How many points does a New York phone ticket add?

    Answer: C. Each conviction adds 5 points.

  2. A 17-year-old with a junior license is convicted of texting while driving. What happens?

    Answer: C. Junior license and permit holders face a 120-day suspension on the first conviction.

  3. Which call is allowed while holding the phone and driving in New York?

    Answer: B. Calls to 911, police, fire or medical personnel about an emergency are exempt.

Phone law questions

Can police stop me just for the phone?

Yes. Using a handheld device is a primary offense in New York.

Is using GPS on my phone illegal?

Holding the phone to look at or change a map counts as use. A mounted phone with the route set before you drive is the safe way.

Does a phone ticket affect insurance?

It can. It is a moving violation with 5 points, and insurers see it.

Official sources

Checked against these pages on November 12, 2026. Laws change, so open the source before you rely on a number.

Rules and fees change. Always confirm the details with the official New York DMV or motor vehicle agency before you act. DMVZone practice questions are written to teach the rules and are not copies of the real test.