Driver's License Test Prep
New York Practice Distracted Driving

How many license points does a New York driver receive for improper cell phone use (talking on a hand-held mobile phone while driving)?

  1. A.
    2 points
  2. B.
    3 points
  3. C.
    11 points
  4. D.
    5 points Correct
The Why

The answer is "5 points"

Improper cell-phone use is a five-point violation, listed at the same tier as texting and other portable-electronic-device violations. Choice A is the trap for a reader running down the point chart quickly: the two-point line reads 'Most other moving violations,' and cell-phone use sounds like it should fall into that catch-all rather than under its own five-point line printed lower down.

Why the others miss

The traps in the wrong answers

A. 2 points

The 'most other moving violations' bucket carries two points, but a cell-phone charge is written under its own five-point line. This answer treats the phone charge as a generic moving violation because the two-point tier catches most everyday infractions on the chart.

B. 3 points

Failing to yield or running a red light are the three-point violations; New York rates cell-phone use one tier higher. This answer picks the base three-point tier because most everyday driving-error tickets sit there.

C. 11 points

Eleven points is the DWI/DWAI tier; the phone violations sit below that, at five points. This answer sorts cell-phone use into the impaired-driving bucket, where the 11-point charges live.

The Rule

This question tests your knowledge of Distracted Driving in New York. Source: New York State Driver's Manual, "Using a Cellular or Mobile Telephone," p.52..

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