New York state law does not allow you to use a hand-held cell phone or mobile device while you drive. You may use a hand-held cell phone or mobile device only when you call 911 or contact medical, fire or police help in an emergency. You can be ticketed for using a hand-held cell phone or mobile device while driving, and will be required to pay a maximum fine of $100 and mandatory surcharges of $50.

If you receive a ticket for this violation, it is not considered a probationary license violation and the DMV does not assign any violation points to the driver's record.

While it depends on the insurance company, most insurers may not increase your insurance rates for just one minor violation like this. However repeated offenses may be of concern to your insurance company. In addition, some carriers will remove any added driver discounts for zero violations.