Driving is a responsibility that requires full attention to the road and the surrounding environment. In recent years, the proliferation of mobile devices has significantly impacted driving habits, leading to an increase in distracted driving incidents. Recognizing the dangers posed by distracted driving, New York has implemented stringent laws to curb the use of cell phones and texting while driving. These laws are designed to enhance road safety and reduce the likelihood of accidents caused by inattentive drivers. Understanding these regulations is crucial for all drivers to ensure compliance and promote safer driving practices.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
The Evolution of Distracted Driving Laws in New York
New York has been proactive in addressing the issue of distracted driving. In 2001, it became one of the first states to ban the use of handheld cell phones while driving. This initial law prohibited drivers from holding a cell phone to their ear to make a call. Over the years, as technology advanced and the prevalence of smartphones increased, the scope of the law expanded to include texting and other forms of electronic communication.
In 2009, New York further strengthened its stance by enacting a law that banned texting while driving. This legislation made it illegal for drivers to compose, send, read, or access electronic messages while operating a vehicle. The law also covered activities such as checking emails, browsing the internet, and using social media platforms. By broadening the definition of distracted driving, New York aimed to address the various ways in which mobile devices could divert a driver’s attention from the road.
Current Cell Phone and Texting Laws in New York
As of now, New York law prohibits the use of handheld electronic devices while driving. This includes talking on a handheld cell phone, texting, emailing, browsing the internet, playing games, and taking photos. Drivers are only allowed to use hands-free devices, such as Bluetooth headsets or built-in car systems, to make or receive calls. The law applies to all drivers, regardless of their age or experience level.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
New York’s distracted driving laws are comprehensive and cover a wide range of activities. For instance, drivers are prohibited from holding a device while looking at a map or using GPS navigation. Even if the vehicle is stopped at a red light or in traffic, using a handheld device is still considered a violation. The law also extends to public transportation drivers, who are not allowed to use handheld devices while operating a bus or other public transport vehicle.
Penalties for Violating Distracted Driving Laws
The penalties for violating New York’s distracted driving laws are severe and are intended to deter drivers from engaging in such behavior. A first-time offense can result in a fine of up to $200. Subsequent offenses within 18 months can lead to fines of up to $250 for a second violation and $450 for a third or subsequent violation. In addition to fines, drivers will also incur points on their driving record. A single violation adds five points, which can lead to increased insurance premiums and potential license suspension if the total points exceed a certain threshold.
For young or inexperienced drivers, the consequences are even more stringent. Drivers with a learner’s permit, junior license, or probationary license face an automatic 120-day suspension of their driving privileges for a first offense. A second offense within six months of the reinstatement of their license results in a one-year revocation.
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The Impact of Distracted Driving on Road Safety
Distracted driving poses a significant risk to road safety. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed the lives of 3,142 people in the United States in 2019 alone. Texting while driving is particularly dangerous because it combines visual, manual, and cognitive distractions. Taking one’s eyes off the road for just a few seconds can have catastrophic consequences, especially at high speeds.
In New York, distracted driving is a leading cause of accidents. The Department of Motor Vehicles (DMV) reports that in 2018, there were over 76,000 crashes involving distracted drivers, resulting in nearly 30,000 injuries and over 160 fatalities. These statistics underscore the importance of adhering to distracted driving laws to protect not only oneself but also other road users.
Legal Assistance for Distracted Driving Violations
If you are facing charges for violating New York’s distracted driving laws, do not navigate the legal process alone. Contact Arthur L. Pressman, Attorney at Law, for professional legal assistance. With a commitment to protecting your rights and advocating on your behalf, Arthur L. Pressman can help you address the charges and work towards a favorable resolution. Take the first step towards safeguarding your driving privileges and contact Arthur L. Pressman today for a consultation.