Texting and driving laws in New York state are extremely strict. Distraction-related traffic incidents have become an increasingly deadly problem in the past several years, so to help protect the vulnerable, state officials have begun enforcing additional laws to prevent drivers from using their cell phones while behind the wheel.
If you find yourself facing a texting and driving citation, it is extremely important to discover the details of your ticket and the potential consequences.
About Texting and Driving in New York
According to the Vehicle and Traffic Law Section 1225(d) legally made it a primary offense for a driver to participate in any type of cell phone use while driving. Since cell phone use has become a primary, rather than a secondary, offense, the laws regarding citations have continued to increase in severity and quantity. As the law currently stands, it is illegal for a driver to use a cell phone or any other handheld electronic device.
The New York State Department of Motor Vehicles defines illegal cell phone use as “composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages.” It also includes talking on a handheld device, playing electronic games, or viewing or taking pictures.
The Consequences of Texting and Driving
If you are accused of violating any of these laws, independently, or in conjunction with other traffic violations, it is extremely important to seek legal help as soon as possible. The consequences of a texting and driving citation can be severe, and may include:
5 points on your driving record
Driver’s license suspension or revocation
Fines between $50 - $450
Depending on whether the driver has existing points on their driver’s license, or if they have already received a violation for cell phone use, the repercussions for a texting while driving violation can vary in severity. Also, commercial drivers and minors with provisional licenses may face steeper consequences if found texting and driving.
That said, there are a few rare exceptions that allow a driver to use a cell phone or electronic device. In an emergency, such as to call 911, or to find help with a medical crisis, a driver may use a handheld electronic device without fear of a traffic violation.
Let Our Texting While Driving Defense Attorney Help
If you were recently issued a citation for texting and driving, you need to contact an experienced attorney as soon as possible. We can assess your situation and investigate the details of your texting and driving offense to defend your driver’s license and protect your future.
Call (212) 235-1525 to discuss your case with our experienced team at Martin A. Kron & Associates, P.C.