VTL 1225-D · Article 1219
Using a Hand-Held Device While Driving (VTL 1225-D)
The supplied text prohibits holding a portable electronic device while performing specified activities during vehicle operation, with different movement rules for ordinary and commercial vehicles. The prosecutor must prove the applicable requirements beyond a reasonable doubt; mere possession is not the supplied definition of using.
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Text us immediately · (845) 290-2492Definition under New York law
VTL 1225-D · Original statutory wording; excerpts must be read together with the full section.
§ 1225-d. Use of portable electronic devices. 1. Except as otherwise
provided in this section, no person shall operate a motor vehicle while
using any portable electronic device while such vehicle is in motion;
provided, however, that no person shall operate a commercial motor
vehicle while using any portable electronic device on a public highway
including while temporarily stationary because of traffic, a traffic
control device, or other momentary delays. Provided further, however,
that a person shall not be deemed to be operating a commercial motor
vehicle while using a portable electronic device on a public highway
when such vehicle is stopped at the side of, or off, a public highway in
a location where such vehicle is not otherwise prohibited from stopping
by law, rule, regulation or any lawful order or direction of a police
officer.
(b) "Using" shall mean holding a portable electronic device while
viewing, taking or transmitting images, playing games, or, for the
purpose of present or future communication: performing a command or
request to access a world wide web page, composing, sending, reading,
viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
text messages, instant messages, or other electronic data.Read the full section at the New York State SenateIn everyday language
The supplied text prohibits holding a portable electronic device while performing specified activities during vehicle operation, with different movement rules for ordinary and commercial vehicles. The prosecutor must prove the applicable requirements beyond a reasonable doubt; mere possession is not the supplied definition of using.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused operated a motor vehicle while using a portable electronic device as defined.
- Using requires holding the device while viewing, taking, or transmitting images; playing games; or, for present or future communication, requesting or commanding access to a web page, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving, or retrieving email, text messages, instant messages, or other electronic data. These activities are alternatives, not cumulative requirements.
- For the general vehicle rule, the vehicle must be in motion. Alternatively, for a commercial motor vehicle on a public highway, temporary stops caused by traffic, traffic controls, or other momentary delays are included.
- The commercial rule excludes a vehicle stopped beside or off a public highway where stopping is not otherwise prohibited by law, rule, regulation, or lawful police order or direction. The opening clause also preserves other exceptions in the section, not supplied here.
Defenses that commonly apply
- Was the person accused holding the device and performing one of the defined activities?
- Was the vehicle moving, or was it a commercial vehicle temporarily stationary on a public highway?
- If commercial, was the vehicle instead stopped beside or off the highway where stopping was permitted?
Penalties and collateral consequences
A Traffic infraction carries a maximum sentence of no jail and a fine of up to $50 to $450 for a first offense, plus a surcharge.
Common questions about your defense
Does holding a device alone establish prohibited use?
The supplied definition requires holding the device while performing one of the listed activities. If the evidence shows only holding, without a qualifying activity, that could support a challenge to the use requirement. The prosecutor must also prove the applicable vehicle-operation conditions beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
VTL 1180 · Traffic infraction
VTL 1128(a) · Traffic infraction
VTL 1129(a) · Traffic infraction
VTL 600(1)(a) · Traffic infraction
VTL 511(1)(a) · Misdemeanor
VTL 1212 · Unclassified Misdemeanor
VTL 1192.3 · Misdemeanor
VTL 1192.1 · Traffic Infraction
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