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In New York it is illegal to talk on a hand-held phone or to text while driving. Each conviction carries 5 points, and texting fines rise to $450. For junior and probationary drivers the penalty is much bigger: a first conviction suspends your license or permit for 120 days. This guide is for teen drivers, new adult drivers and their parents, and covers what the law allows, the fines and the license penalties.
Key facts
- Hand-held calls: illegal to speak into or listen to a hand-held phone while driving.
- Texting and email: illegal to send or receive them on any portable electronic device while driving.
- Points: 5 per conviction.
- Junior and probationary drivers: 120-day suspension for a first conviction.
- Second conviction within 6 months of getting the license back: revocation of at least 1 year.
What New York’s phone law allows and bans
| While driving, you may | While driving, you may not |
|---|---|
| Use a hands-free phone, meaning one you can use without either hand | Hold a phone to talk or listen |
| Hold the phone only to start, answer or end a call | Send or read text messages or emails |
| Call about an emergency | Use a portable electronic device, such as a smartphone, for messages |
The emergency exemption also covers police, fire department staff and drivers of authorized emergency vehicles while they are on duty.
The manual says a hands-free phone can be used at any time. Legal is not the same as safe, though. The same manual lists phone use first among the distractions to avoid, because a conversation pulls your mind off the road even when your hands are free. On your road test, keep the phone off and out of sight.
Fines and points for phone use and texting in New York
| Conviction | Maximum fine | Points |
|---|---|---|
| First offense | Up to $200 | 5 |
| Second offense (both within 18 months) | Up to $250 | 5 |
| Third or later offense (all within 18 months) | Up to $450 | 5 |
The fine steps above are for texting. For a hand-held call, the manual gives a first-offense fine of up to $200 plus 5 points. Fines are as of November 2026 and do not include court surcharges.
Junior and probationary drivers: the 120-day suspension
Under the Graduated License Law, the license penalty for phone use or texting is the same for:
- a junior learner permit
- a junior license (Class DJ or MJ)
- a probationary license (the first six months for drivers licensed at 18 or older).
| Conviction | License action |
|---|---|
| First cell phone or texting conviction | Suspended for 120 days |
| Second conviction within 6 months after the license or permit is restored | Revoked for at least 1 year |
This is double the 60-day suspension a junior or probationary driver gets for most other serious tickets. See New York probation period and point system for those rules.
The knock-on costs
- Points: 5 points count toward the 11-in-24-months suspension limit that applies to all drivers.
- Driver Responsibility Assessment: one more 2-point ticket within 18 months takes you to 6 points. That triggers a fee of at least $100 a year for three years.
- Getting your license back: a fixed-period suspension normally means paying a $50 suspension termination fee before your license is returned.
- Permit holders: a suspended junior permit does not count toward the six months you must hold it before your road test, so the test is pushed back.
Scenario: a parent calls during a lesson
A 16-year-old with a junior permit is driving upstate with her mother supervising, and her phone rings in the cupholder. If she picks it up to talk, that is a hand-held violation: 5 points, a fine, and a 120-day permit suspension if convicted. The fix is simple. Set the phone to do not disturb before you start the car, and let the supervising driver handle calls and navigation.
Other distractions the New York manual tells you to avoid
- arguments or emotional conversations with passengers
- eating while driving
- children who are not properly restrained
- pets loose in the car instead of in a carrier or kennel.
Common questions
Can a junior driver in New York use a hands-free phone?
The manual says a hands-free phone, one you use without either hand, can be used at any time, and it lists no separate ban for junior drivers. The safest choice for a new driver is still not to make calls while driving.
Is using GPS on my phone illegal in New York?
The law bans hand-held calls and using a device to send or receive texts or emails. Set your route before you drive and use a mount, so you never need to hold or tap the phone while moving.
Can I text at a red light in New York?
No. You are still driving while stopped in traffic. If you must use the phone, pull over and park safely first.
How many points is a phone ticket in New York?
5 points, for either a hand-held call or texting.
Does the 120-day suspension apply to adult new drivers?
Yes, if you are in your six-month probation period. The manual and the DMV’s Graduated License Law page both apply it to probationary licenses.
Does a phone ticket from another state count?
Convictions from other US states do not add points to your New York record, but you must answer the ticket. If you ignore a moving-violation ticket from most states, your New York license is suspended until you do.
Related guides
- Learning to drive in New York: complete guide
- New York junior license rules for NYC, Long Island and upstate
- New York learner permit rules on supervision and passengers
- Hands-free and texting laws for US drivers
Sources
- New York State DMV, “New York State Driver’s Manual, Chapter 8: Defensive Driving” (dmv.ny.gov)
- New York State DMV, “New York State Driver’s Manual, Chapter 2: How to Keep Your License” (dmv.ny.gov)
- New York State DMV, “The Graduated License Law” (dmv.ny.gov)
- New York State DMV, “The New York State Driver Point System” (dmv.ny.gov)
- New York State DMV, “Driver Responsibility Assessment (DRA)” (dmv.ny.gov)