Digital devices, including mobile phones, can become dangerous distractions for drivers. They have to take their eyes off the road ahead of them and their hands off of the wheel to read or send a text message.
New York lawmakers have responded to this increasingly serious safety concern by implementing specific traffic regulations. The state prohibits the manual use of a mobile phone while operating a vehicle. There is a degree of nuance to these rules.
What do drivers need to know about allegations of texting while driving in New York?
Device use can lead to a ticket
Texting while driving or otherwise manually handling a digital device is a violation of New York traffic statutes. Police officers can issue tickets during traffic stops or after a crash if texting contributed to the wreck. The penalties for manually using a phone or similar device while driving depend on the driver’s history. A first offense carries a minimum fine of $50 that could go as high as $200.
The minimum fine remains the same, but the maximum fine increases with subsequent offenses. A second offense within 18 months of the first can cost up to $250 in fines, while a third or subsequent offense could cost as much as $450. Drivers can also receive five points on their driving record, and only 11 points are necessary for the state to suspend their driver’s license.
Are there exceptions to the rules?
There are two main exceptions to the full prohibition on using mobile devices while driving in New York. The first exception involves the use of hands-free technology. Those using integrated Bluetooth systems or talk-to-text software can protect themselves from citations in many cases. Hands-free systems are compliant with New York state law.
There is only one exception for when a driver can manually handle a phone while in control of a vehicle. In scenarios where drivers have to call for emergency services, they can dial their phones while driving. In almost any other scenario, manually dialing a phone or texting while driving could lead to a citation that increases a driver’s insurance costs and might put their license at risk.
Fighting traffic tickets based on technicalities can sometimes be an option. Motorists who understand New York law, and who seek personalized legal guidance, can determine whether they have grounds to push back against a recent citation.
