VTL 1219 · Article 1219
Using a Hand-Held Device While Driving (VTL 1219)
Holding a phone or other portable device while driving is a traffic infraction carrying five driver violation points — the same number as many moving violations that look far more serious.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- You were operating a motor vehicle.
- You held and used a portable electronic device.
Defenses that commonly apply
- The device was used while lawfully parked or stopped.
- The officer's observation is mistaken.
- The person cited was not the operator.
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.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
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