THINK TWICE BEFORE TEXTING OR PHONING WHILE DRIVING

The rise of cell phone use by drivers has caused an increase in accidents that result from this risky behavior. According to Suffolk University Law Review the risk of accident is four times greater when a driver is using a cell phone. The dangers of text messaging and driving are even greater.

In New York, a driver can use a cell phone, if it is a hands-free device. This allows for both hands to be used for driving. New York law, ironically allows for the use of either hand to activate, deactivate, or initiate a function of such a telephone. NY drivers are also permitted to use a hand-held cell phone to engage in conversation as long as the car is not in motion, or, to review information displayed on its screen, as long as the driver is not talking into or listening on a hand-held mobile telephone.

However, the law creates a presumption that the operator of any motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear, is engaging in a call. In fact merely holding a portable electronic device creates a presumption of use. Rebutting this presumption is often difficult. This is difficult because reading or reviewing the device violates the law. The law does not require any transmission, so phone bills or call records may not rebut the presumption of use.

The penalties for violating this law are stiff. The fines increase with each subsequent violation. However, the biggest concern for most people should be that this is a 5-point violation. First, a driver’s license is suspended if you get 11 points in an 18-month period. Second, 5 point violations are considered “High Point Driving Offenses.” This means that they can trigger a comprehensive review of your lifetime driving record. If you have other license issues, this review can trigger long term, or even lifetime, license suspensions.