Starting June 1, 2013, cell phone violations and texting and driving violations now carry 5 points (up from 3). A cell phone violation occurs when a driver uses a phone without a hands-free device. A texting and driving violation occurs when a driver “uses” an electronic device while driving. The terms “use,” “electronic device” and “while driving” are all construed liberally meaning that you cannot even hold your device while behind the wheel of a car that is not parked. Find more information about the New York State Cell Phone Law.