Driving while talking on a cellphone is about to get more risky.

While it's been illegal in New York for a decade, next week two points will be added to the license of any driver convicted of the offense. That could lead to higher insurance premiums and contribute toward the eventua loss of a license.



When the original law took effect in 2001, New York became the first state to outlaw use of handheld cellphones while driving. Starting Wednesday, breaking the law will carry a 2-point penalty. The maximum fine will remain $100.



Talking on a handheld cellphone will now have the same impact on a driving record as other moving violations like disobeying a police officer or flagger, failure to keep right, or driving on a divider or shoulder.



The law already adds two points to the license of anyone who texts while driving.



Ken Brown, a spokesman for the state Department of Motor Vehicles, said distracted driving plays a role in 20 percent of crashes.



"It's become a deadly epidemic," he said. "It's something we seek to curb to improve highway safety. Distracted driving is one of the most serious dangers we face on the roadway."

Albany attorney Matthew J. Kelly said the stricter rules should have an impact. Kelly handles traffic court cases among his other duties.



"Putting points on it adds teeth to the law so I think it's a good idea," he said. "It would be an incentive to drivers to take that more seriously."



First-time offenders might be able to escape getting points on their license, he said, but repeat violators won't be able to do so.



"Typically what happens in a speeding ticket, you're likely to plead down to a two-point violation," he said. "What I would expect on a first-time violation (of the cellphone law) would be that you could plead down to a no-point violation."



After a driver pleads down once, he said, the driver stands little chance of avoiding the points for a second offense.

"If it's combined with a speeding or red light charge, you could not plead down to a no-point charge," Kelly added.

It takes 11 points over an 18-month period to lose a license.



Exactly how it affects a driver's car insurance rates is less clear.



"The effect may vary as every insurance company has different underwriting criteria," said Cassandra Anderson, spokeswoman for the New York Insurance Association.

Points on a license are among a long list of factors affecting how much drivers pay. Also considered are accident history and the age and make of the car they drive, she said.

Some insurance companies may already count cellphone violations in calculating premiums, said Elaine Ramundo, a spokeswoman for the Professional Insurance Agents of New York State. Ramundo, a Nationwide Insurance agent in Colonie, said she expects violators will pay more.



"It definitely will increase the premiums," she said. "It depends on what else is on their record."