Monday, February 25, 2019

Pennsylvania License with New York Cell Phone Ticket

What happens if you have a PA (Pennsylvania) Driver's License with a New York cell phone Ticket?

New York’s Vehicle and Traffic Law (VTL) contains two different sections related to use of ANY portable electronic devices while driving:

VTL 1225(c) Use of Mobile Telephone
VTL 1225(d) Use of Portable Electronic Devices (includes texting while driving)

A ticket for VTL 1225(c) is entirely different than a VTL 1225(d) ticket. 1225(c) is a cell phone ticket (“c” for cell phone) while 1225(d) is an electronic device ticket (“d” for device), more commonly known as a texting while driving ticket (even though it covers more than texting).

A 1225(c) ticket means the officer is claiming that the driver was engaged in a phone call at the time he observed him/her operating a car. For 1225(d) tickets, it is doesn’t matter whether the driver was making a phone call. A driver who is merely holding their phone, infers that they were texting or using an app (including GPS navigation) can be issued a 1225(d) ticket.

What many people don’t realize is that a 1225(d) ticket can also be given for devices other than phones. A GPS, iPad, phone camera, or other hand-held electronic device also counts under the 1225(d) law.

Will the points transfer back to PA?
Will my car insurance go up?
Will this appear on my PA driving record (abstract)?

I am licensed in PA, NJ, FL, and NY. Although reported to PennDOT, minor traffic offenses such as speeding, red light, stop sign, etc., will (NOT) appear on your PA driving record, unless you are a CDL holder.

Points will NOT be assessed to your PA driving record when convicted of a point related offense in a DLC (driver license compact) member state, such as NYS. Both PA and NY are in the DLC.

46 states belong to the DLC (driver license compact) and this is to:

  • Reporting of all traffic convictions and license suspension/revocations of out-of-state drivers to the home state licensing agency, as well as other appropriate information; and
  • The assurance of uniform and predictable treatment of drivers by treating offenses committed in other states as though they have been committed in the home state.  
New York cell phone tickets are 5 points and are considered serious traffic offenses.

Note: Serious traffic offenses can still be used by your insurance carrier regardless of state of occurrence, so get this 5 point serious traffic infraction reduced. Discuss with a local New York attorney.

Newman and Cyr is a boutique law firm focusing on Traffic, Criminal, and DWI and DWAI drug defense in Upstate New York. If you would like a free consultation concerning your charges either call, email, or fill out the form on our website.


No comments:

Post a Comment