texting while driving laws in ny and how an attorney can help

by Elissa Price 7 min read

On top of financial repercussions, if you are convicted of texting and driving, you will also receive five points on your driving record. But working with a New York traffic ticket attorney can help you avoid these fines and penalties. We will work with you to fight your ticket and minimize or reduce your charges.

Full Answer

What is the penalty for driving while texting?

Dec 06, 2021 · Use of a cell phone while driving is illegal. Under state laws, you cannot use a handheld device while driving. Such use is not limited to texting or calling. Taking pictures, checking emails, or playing games on your phone is also against the law. However, there are a few exceptions, such as using hands-free devices or calls made for emergency ...

What are the laws against texting and driving?

On top of financial repercussions, if you are convicted of texting and driving, you will also receive five points on your driving record. But working with a New York traffic ticket attorney can help you avoid these fines and penalties. We will work with you to …

What is the punishment for texting and driving?

New York Texting While Driving Lawyers If you are ticketed for a distracted driving offense, a Schenectady cell phone ticket attorney can help defend you against the charge. An experienced traffic violations attorney advocating on your behalf in traffic court can help save your driver record from accumulating damaging and expensive points.

Why you shouldn t text and drive essay?

Contact our New York texting while driving lawyer at (212) 235-1525 or online to learn more about how we can assist you in fighting your ticket. Distracted Driving & Cell Phones in New York Various types of actions that divert your attention from the road fall under the umbrella of distracted driving. They include:

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What is the solution to texting and driving?

Put your phone out of reach, such as in the glove box, back seat or trunk. Pull over and park safely if you need to use your phone to talk or text. Make a pledge to your family to never text or talk on the phone while driving. As a passenger, speak up if the driver starts texting or talking on his phone.

What is the fine for texting and driving in NY?

The penalty for violating the texting while driving or using any electronic device laws is a fine up to a $200 fine for the first offense plus 5 points on a license. The per violation fine escalates for every citation after the first--up to $450. An additional 5 points are imposed for each violation.Jan 29, 2018

What are some fresh ideas for solving the texting while driving issue?

In combating the epidemic of texting and driving, there is a myriad of solutions:
  • Put Your Phone Out of Reach. Selecting the Do Not Disturb setting or putting the volume on mute on your phone may not keep temptations at bay. ...
  • Use an App. ...
  • Ask Someone Else to Do It. ...
  • Take a Pledge. ...
  • Use a Physical Reminder.
Apr 2, 2019

What are the rules in New York state regarding driving and cell phone use?

New York's statewide distracted driving law currently states: All drivers must use hands-free devices when talking on cell phones. Text messaging, game playing, and similar usage of handheld electronic devices is prohibited for all drivers. Viewing, taking, or transmitting images is prohibited for all drivers.Jun 22, 2021

What is the Offence for driving with a mobile phone?

The Law. It is illegal to use a handheld mobile phone or similar device when driving, stopped at traffic lights or queuing in traffic. You will receive a fine of £200 and 6 penalty points if you are caught using a handheld phone while driving. Points on your licence could result in higher insurance premiums.

Can you text at a red light in New York?

Texting at a Red Light: A Legal Loophole

Under New York law, technically operating your phone at a red light is a hole in the state's texting regulations. The state regulations explicitly state that a vehicle must be in motion in order for cell phone use to constitute a violation.

Is there a way to disable cell phone while driving?

Available for both iOS and Android, Drivemode helps drivers avoid distractions by blocking the ability to make and receive phone calls and texts while driving.Jul 16, 2018

What new technologies are available to help stop texting while driving?

Some cell phone blocking technologies include:
  • AT&T DriveMode. The app is activated when the driver's car reaches 15 miles per hour and blocks text alerts.
  • CellControl DriveID. The device attaches to the vehicle's windshield and works with an app to prevent the driver from sending or receiving text messages. ...
  • Apple iOS DND.

What are car companies doing to help with texting and driving?

Ford's Sync system allows drivers to dictate and send texts, as well as have the system read incoming texts. In addition, Ford has the MyKey system, which allows parents to block incoming calls and texts when their child is driving.Feb 15, 2022

How long does texting on average take a drivers eyes off the road?

5 seconds
Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that's like driving the length of an entire football field with your eyes closed. You cannot drive safely unless the task of driving has your full attention.

Is it illegal to talk on the phone while driving NY?

Talking on the Phone

New York law prohibits all drivers from engaging in a call with a handheld phone while driving a vehicle that's in motion. And for commercial drivers, the handheld cellphone ban also applies when the vehicle is temporarily stopped for reasons like traffic, stop signs, and red lights.

How much is a cell phone ticket in NY 2020?

A conviction for cell phone use of any kind while driving in New York State will cost you $50 to $150 for the first offense; between $50 and $200 for the second offense if within 18 months; and between $50 and $400 for a third offense within 18 months.

New York Distracted Driving Laws

New York has strict laws against distracted driving, and a violation of these laws could lead to fees being assessed and points being added to your driving record if you are convicted of the offense. Repeated violations within an 18-month period could lead to the suspension of your driver’s license.

New York Texting While Driving Lawyers

If you are ticketed for a distracted driving offense, a Schenectady cell phone ticket attorney can help defend you against the charge. An experienced traffic violations attorney advocating on your behalf in traffic court can help save your driver record from accumulating damaging and expensive points.

How many points does texting while driving carry?

Texting while driving is one of the most common “distracted driving” offenses and carries five points. At Martin A. Kron & Associates, P.C., we have extensive knowledge and experience in handling traffic offenses in court.

What is the violation of the VTL?

Under New York Vehicle and Traffic Law (VTL) Section 1225c-d, it is a violation to hold a mobile phone to your ear or even in immediate proximity to your ear. This violation also includes maneuvering to gain access to your cell phone.

New penalties

The law that went into effect across New York in November will primarily hit young drivers. People under 21 years of age who are convicted of a first texting or talking while driving offense will now face a 120-day license or driving permit suspension.

Smartphone use increasing

While safety advocates praised the tough new penalties, a recent State Farm study found that many drivers are still not getting the message about the dangers of distracted driving.

Car accident claims

Although distracted drivers in New York now face tougher penalties for texting or driving behind the wheel, it is still all too clear that many drivers will continue to flout the law. By using their phones while driving, these motorists put the safety and lives of countless other drivers at risk every day.

When did the first state ban texting while driving?

In 2001, New York was the first state to pass a law banning drivers from using handheld devices while driving. Then, in 2011, the state passed legislature banning the use of any kind of handheld device. Distracted driving is a major cause of auto accidents, injuries and fatalities across the country; texting and talking while driving is ...

What are some distractions while driving?

A person could engage in a number of distracting activities while driving, such as: Eating. Applying makeup, or. Even talking with a passenger. It is a point of debate as to whether or not talking on the phone and talking with a passenger have a same level of distraction.

What state was the first to ban the use of handheld devices while driving?

Someone cuts you off while holding a phone up to their ear, or a teenager nearly rear ends someone because they were texting. In 2001, New York was the first state to pass a law banning drivers from using handheld devices while driving.

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