Texting while driving is one of the most dangerous ways motorists can become distracted behind the wheel. Using a cell phone while driving takes a motorist’s attention entirely off of where it should be: the road. Because distracted driving can lead to severe accidents, New York has imposed laws banning the use of cell phones while driving. Violations can lead to fines and, in some cases, license suspensions.
New York’s Texting and Driving Law
In New York, drivers cannot use handheld mobile phones or portable electronic devices while operating motor vehicles. Examples of illegal activity under New York’s texting and driving law include:
- Talking on a cell phone
- Writing, sending, or reading text messages or emails
- Browsing the internet or social media
- Viewing, taking, or transmitting photos or videos
- Playing games
However, drivers can use cell phones to contact police, fire, or EMS in an emergency.
New York law also prohibits commercial drivers from using cell phones except in hands-free mode. The law considers a phone in “hands-free mode” when the driver needs to press no more than one button to make or receive a phone call or text message.
New York’s texting and driving laws qualify as “primary offense” laws, which means police officers can pull over drivers if they see them using cell phones or portable electronic devices in handheld mode, even if the driver has not committed any other traffic infraction.
Penalties for Violating the Texting and Driving Law
Drivers caught violating New York’s texting and driving law may face penalties, including fines, surcharges, and points. Fines for a violation include:
- First offense: $50 to $200
- Second offense within 18 months of a prior offense: $50 to $250
- Third or subsequent offense within 18 months: $50 to $450
Violators also must pay a surcharge of up to $93. Infractions will also result in five points added to a driver’s record. Drivers who accumulate 11 or more points within 18 months may face a suspension of their driver’s license.
Probational and junior drivers with a Class DJ or MJ license or permit may face harsher penalties for violating the texting and driving law, such as a 120-day license/permit suspension for a first violation or a one-year revocation for a second violation within six months of restoration of driving privileges.
How Does Texting and Driving Affect Auto Accident Cases?
A driver who uses a cell phone while driving may face liability for injuries and property damage if the driver gets into an accident. A conviction for texting while driving can be used as proof of fault for a motor vehicle accident.
Contact an Auto Accident Attorney Today
If you’ve been hurt by a driver who was distracted on their cell phone, you deserve financial compensation for the injuries and harm you’ve suffered. Contact Campbell & Associates today for a free, no-obligation consultation with a Syracuse car accident attorney to discuss how our firm can fight hard on your behalf.
