NY DMV reference · Plain-language guide

New York Portable Electronic Device Ticket

Q: Are first, second, and third offenses all 5 points?

Yes. The listed conviction adds 5 points; the fine ceiling increases for repeat offenses within 18 months.

OPER MOTOR VEHICLE WHILE USING PORTABLE ELECTRONIC DEVICE / Cell phone use

A New York portable electronic device ticket can involve holding a phone, texting, browsing, using an app, taking images, or otherwise operating a portable electronic device while driving. NY DMV states that a conviction adds 5 points to the driving record and may involve fines, a surcharge, insurance impact, and license risk.

Common ticket labels

OPER MOTOR VEHICLE WHILE USING PORTABLE ELECTRONIC DEVICECell phone useTexting while drivingVTL 1225-c / VTL 1225-dPortable electronic device

Hand-held phone calls are commonly tied to VTL §1225-c; texting or device operation is commonly tied to VTL §1225-d.

A conviction adds 5 points to the DMV driving record.

11 points within 24 months may lead to license suspension.

The surcharge for these violations can be up to $93.

Emergency calls to 911 or medical, fire, or police personnel are generally exceptions.

Offense count, fines, and points

Offense

Points

Fine

Note

First offense

5 points

$50 - $200

A surcharge may also apply.

Second offense within 18 months

5 points

$50 - $250

The fine ceiling increases.

Third or later offense within 18 months

5 points

$50 - $450

Risk increases if your record already has points.

Commonly missed issues

Simply holding the device can still matter if the facts support use.
A red light or traffic delay does not automatically make device use safe, especially for commercial drivers.
Junior drivers and learner permit holders face a 120-day suspension for a first conviction and possible one-year revocation after a second conviction within the stated period.
Six or more points within 18 months may trigger a Driver Responsibility Assessment.

Common ticket terms

English

Meaning

Note

Cell Phone Use

Cell phone use while driving

Often related to holding or using a phone while driving.

Texting

Texting while driving

Can include reading, sending, or accessing electronic data.

Portable Electronic Device

Portable electronic device

Can include phones, tablets, GPS devices, cameras, and similar devices.

Conviction

May lead to points, fines, surcharge, and insurance impact.

Surcharge

A fee that may be added on top of the fine.

Plead Not Guilty

Plead not guilty

Usually means requesting a hearing or further process.

Official NY DMV reference

Use the official NY DMV page to verify points, fine ranges, surcharges, junior driver rules, and commercial driver restrictions. The information above is based on the official DMV website.

View official source

What to check first

1Check whether the ticket lists VTL §1225-c, VTL §1225-d, or a related section.
2Confirm whether the allegation is phone use, texting, browsing, app use, or device holding.
3Review location, time, vehicle status, officer observation angle, and possible mistaken identification.
4Calculate record exposure: this ticket is 5 points if convicted, then check total points in 24 months.
5Review response options before the deadline; consult a licensed attorney for legal advice or representation.

FAQ

How many points is a New York portable electronic device ticket?

NY DMV states that a conviction for cell phone use, portable electronic device use, or texting adds 5 points.

Are first, second, and third offenses all 5 points?

Yes. The listed conviction adds 5 points; the fine ceiling increases for repeat offenses within 18 months.

Can I ignore the ticket?

No. Missing the response or hearing deadline can create additional consequences.

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