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VTL 1225-dNot TBWD eligibleCell phone

Portable electronic device

Using a portable electronic device (texting) while driving.

Vehicle & Traffic Law 1225-d — statutory text

Official source ↗
1. Except as otherwise provided in this section, no person shall operate any motor vehicle while using any portable electronic device while such vehicle is in motion. 2. For the purposes of this section, the following terms shall mean: (a) “Portable electronic device” shall mean any hand-held mobile telephone...any portable computing device, any two-way messaging device...any laptop computer, any electronic game, or any portable computing device.

Quoted from the California Legislative Information website. The full section may contain additional subdivisions not reproduced here — click “Official source” for the complete text as currently in force.

Base fine
$200.00
Does not include court fees or assessments.
DMV points
5
Points raise your insurance.
Filing window
N/A
TBWD not available.
Not eligible for TBWD

New York does not currently offer a Trial by Written Declaration process. NY TVB requires a hearing; mail-in plea is limited to guilty admissions only. We won’t charge you for an ineligible filing.

Defenses our AI considers (15)

  • Equipment fixed — correctable violation
    historical success ~80%
    Equipment violations (window tint, exhaust, lights, plates, wipers, etc.) are correctable in every supported state. Proof of repair signed by a qualified inspector resolves the citation administratively.
  • Documentary cure — proof on date of citation
    historical success ~75%
    Many "failure to produce" charges (insurance, registration, license) are dismissed on proof the document existed and was valid on the date of citation. This is codified in most state fix-it / correctable-violation statutes.
  • Supporting deposition not timely served (NY CPL § 100.25)
    historical success ~60%
    N.Y. CPL § 100.25(2) entitles a defendant in a traffic matter outside NYC TVB to a supporting deposition containing non-hearsay allegations establishing every element. Failure to provide it within 30 days of a timely request is a jurisdictional defect requiring dismissal.
  • Sign obscured, missing, or recently changed
    historical success ~50%
    A driver cannot be held to a regulation that was not reasonably communicated. An obscured, damaged, missing, or recently-changed sign at the cited location is both a mistake-of-fact defense and a due-process notice defect.

Our AI drafts 3 options per case, tailored to your ticket's facts. You choose or regenerate.

Related violations

Not legal advice. Violation summaries are for information only. Verify the current Vehicle & Traffic Law text on the official state legislature or courts website. Past success rates do not guarantee future outcomes.