Texting while driving penalties increase in New York

June 22, 2013

Texting while driving penalties increase in New York

Article provided by Mark Halberstam, Esq., Attorney at Law
Visit us at http://www.halberstamlaw.com

Texting while driving has been vilified in the media and in safety studies quite often lately for good reason. Research consistently shows that it is among the most dangerous activities to do behind the wheel. According to research, text messaging increases the risk of having a car accident by 23 times. Despite the warnings and information out there on its dangers, many drivers seem unable to put down their cellphones.

As a result of this reluctance to unplug, the number of motor vehicle accidents caused by someone texting, talking on a cellphone or doing other distracting activities behind the wheel has increased 143 percent since 2005 in New York alone.

To help stem the dangers caused by driver distraction, the New York legislature passed a ban on using handheld cellphones while driving and texting while driving. Since each law carries penalties for violations, they have had an effect on motorist awareness of the risk that distracted driving carries. However, according to Gov. Andrew Cuomo, the law does not go far enough.

Cuomo recently announced that the penalty for texting while driving--likely the most dangerous form of distracted driving--has increased as of June 1. The regulations that are now in effect work by increasing the number of points on the violator's license from three to five points. Besides the enhanced penalties for texting while driving, Cuomo has ordered the New York state police to step up enforcement of the texting while driving ban for the duration of the summer. This will likely mean an increase in the number of officers, checkpoints and traffic tickets, as a result.

Gov. Cuomo also recently announced that he is introducing new legislation that would increase the penalties for texting while driving among junior and probationary drivers. The legislation would make the penalties for texting the same as speeding and reckless driving.

If the legislation were passed, junior and probationary drivers who violate the law would automatically have their license suspended for 60 days for a first offense. If the driver reoffends within six months after his or her license was reinstated after the first offense, there are additional penalties. Junior drivers could have their licenses suspended for an additional 60 days. Probationary drivers face up to a six-month suspension.

Consult an attorney

The crackdown on distracted drivers will likely bring welcome relief to those who already follow the law. However, despite the increased penalties, there will always be those who think that answering a text message is more important than concentrating on the road.

If you have been injured as a result of a distracted driver, contact an experienced personal injury attorney. An attorney can ensure that the responsible party is held financially accountable for his or her negligence.