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JACKSON HEIGHTS, NY – November 10, 2026 – Drivers in Queens who use handheld phones while their vehicles are in motion may face fines, points on their driving records, and civil liability if the distraction contributes to a collision. Queens car crash attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/vtl-1225c-handheld-device/) has published guidance explaining what New York Vehicle and Traffic Law § 1225-c prohibits, the penalties for violations, and how evidence of unlawful phone use can influence fault in a crash claim.

According to Queens car crash attorney Keetick L. Sanchez, VTL § 1225-c makes it illegal for a driver to hold a mobile phone to or near the ear to make or take a call while the vehicle is in motion, though the law permits hands-free calling and contains limited emergency-use exceptions. “Many drivers assume any interaction with a phone breaks the law, but the statute focuses specifically on holding the phone to make or take a call,” Sanchez explains. “Understanding exactly what the law prohibits is important both for drivers and for anyone injured by a distracted driver.”

Queens car crash attorney Keetick L. Sanchez notes that texting, emailing, browsing, viewing or transmitting images, and playing games fall under a separate statute, VTL § 1225-d, which also covers tablets, laptops, pagers, two-way messaging devices, handheld electronic games, and other portable electronic devices. Both laws address distracted driving but prohibit different types of conduct. When an officer observes a driver conspicuously holding a device while the vehicle is moving, the law creates a rebuttable presumption of prohibited use unless there is evidence showing otherwise.

Sanchez points out that a cell phone violation in New York carries a fine, a state surcharge, and 5 points on the driver’s record. A first offense carries a fine of $50 to $200, while repeat offenses within an 18-month window can raise the maximum fine to $250 and then $450, with a state surcharge of up to $93 in each case. “The point total carries its own risk,” Sanchez adds. “Accumulating 11 points within 24 months can lead the Department of Motor Vehicles to suspend a license, and a conviction can raise insurance premiums for years.”

The firm’s guidance highlights additional consequences for junior drivers. A first cell phone or portable-device conviction for a driver holding a Class DJ or MJ license or learner permit results in a 120-day suspension, and a second conviction within six months after restoration results in revocation for at least one year. The second-conviction rule also applies to probationary licenses.

Attorney Sanchez emphasizes that a cell phone violation does not automatically establish fault in a crash. Evidence that a driver violated § 1225-c or § 1225-d may support a negligence argument when the prohibited phone use contributed to the collision, but a court or jury must still consider how the crash occurred and the conduct of everyone involved. She notes that New York historically followed a pure comparative negligence rule, but CPLR § 1411(b) now creates an exception for personal injury claims subject to the state’s No-Fault Law.

Under that exception, an injured claimant cannot recover if the claimant’s percentage of fault is greater than 50 percent, meaning more than the fault of the defendant or the combined fault of all defendants. “In a No-Fault case, an injured person found more than half responsible may be barred from recovery entirely,” Sanchez observes. “That makes the evidence surrounding distraction and each driver’s share of fault especially significant.”

Sanchez explains that proving cell phone use typically involves examining multiple sources rather than relying on a single piece of evidence. Cell phone carrier records can show when calls or text messages occurred, but they do not necessarily identify who was using the phone or whether it was being held, so they are often reviewed alongside police reports, witness statements, 911 records, and video footage. After a lawsuit is filed, an attorney may seek relevant carrier records through discovery, an authorization, or a subpoena, though courts generally limit these requests to information that is relevant and proportionate to the issues in the case.

Because carriers retain records for varying lengths of time, Attorney Sanchez advises injured individuals to begin investigating a case as early as possible and to consider sending a preservation request to help prevent potentially relevant information from being lost. The firm investigates each collision by reviewing police reports, witness statements, phone records when available, and other evidence that may establish how the crash occurred. K L Sanchez Law Office, P.C. serves injured drivers, passengers, and pedestrians throughout Queens and New York City.

For those injured in a collision involving a distracted driver, contacting a Queens car accident attorney early may help preserve important evidence and protect the right to pursue compensation available under New York law.

About K L Sanchez Law Office, P.C.:

K L Sanchez Law Office, P.C. is a personal injury firm located at 37-06 82nd St., Suite 304, in Jackson Heights, New York. Led by attorney Keetick L. Sanchez, the firm represents individuals injured in car accidents, distracted-driving crashes, and other personal injury matters throughout Queens and New York City. For consultations, call (646) 701-7990.

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Company Name: K L Sanchez Law Office, P.C.
Contact Person: Keetick Sanchez
Email: Send Email
Phone: (646) 701-7990
Address:37-06 82nd St #304 Jackson Heights, NY 11372
City: Jackson Heights
State: New York
Country: United States
Website: https://accidentlawyer-queens.com/