Five Reasons Why You Should Stop Talking and Driving - New DMV Regulations

Have you read about the new DMV legislation? Well here are five reasons why you should.

Governor Cuomo recently announced changes to the number of points that will be imposed on all licenses for violating regulations VTL 1225-c (Use of a Mobile Telephone While Driving) and 122-5d (Use of Portable Electronic Devices). Talking on your phone while driving, or even simply reaching down for a second to turn on the new Kanye album on your iPod, has become common practice for many drivers who do not realize they can face serious consequences for even a moment's distraction. Starting June 1, 2013, Use of a Mobile Telephone and Portable Electronic Device while operating a vehicle will incur a five point penalty instead of a three.

What does a change of two points matter? Click below to find out.





1. By increasing the point penalty, Governor Cuomo has made these kinds of violations “high-point driving violations”. High-point driving violations can be a deadly blow to your driving privileges if you have had even one prior alcohol or drugged driving incident in the past. If you have been charged with a DUI or a similar charge in the past and you then get one of these “High-point Driving Violations”, the DMV will be notified and the Commissioner will review your lifetime driving record before deciding on whether or not to revoke your license.

2. Incurring one of these violations can have other negative effects, even if you do not have a prior DUI. Under VTL 503, any driver who accumulates six or more points within an 18 month period must take a driver responsibility assessment. That means that if you are accused of driving while on the phone, a five point violation, just one other small violation in the next 18 months will put you over the allowed amount of points.

3. If you have a probationary license, incurring one of these violations will result in a suspension of your license. On June 5, 2013, Congress passed a bill that added VTL 1225-c and VTL 1225-d to the list of offenses that will result in automatic suspension of a probationary license. Class DJ or MJ permits and licenses will also be suspended.

4. You will incur a fine. The fine for your first violation of VTL 1225-c or VTL 1225-d is between $50-150. A second violation costs $50-200. A third violation costs between $50-400. I’m sure there any many other things you want to do with your money instead of giving it the DMV.

5. Committing one of these violations is dangerous. There’s a reason why our elected officials are cracking down them and that’s because they kill and seriously injure thousands of people each year. The best way to avoid the negative consequences associated with VTL 1225-c and VTL 1225-d is to not use a cellphone or other electronic device while driving.

However, we all know that we do not live in a perfect world and mistakes happen. If you are facing any sort of driving related conviction, consulting with a good lawyer can make a world of difference to the outcome of your case. Feel free to call my office anytime at 718-317-5007 to get the help you need.

Additionally, drivers should remember that the DMV and NY update their driving regulations all the time. Every driver should stay as up to date as possible! To read some more about new talking while driving infractions simply click here!

- Kevin McKernan