Cell Phone Use Eludes New York Cops

June 10, 2011

Texting while driving is a dangerous habit--just as dangerous as drunk driving--and often has similar consequences. Fortunately, some state laws have finally caught up with the dangers of cell phone use while driving, with eight states banning all use of cell phones while driving, and 30 states banning texting while driving.

The State of New York bans handheld cell phone use while driving, including texting. The Department of Motor Vehicles imposes a $100 fine for using a cell phone while driving, as well as a two-point penalty on the offender's driver's license.

It would seem that with the state cracking down on cell phone use that police would find that people were hanging up before getting behind the wheel, but that has not been the case. In fact, police are having a hard time enforcing cell phone laws.

When a driver is distracted by cell phone use (especially texting), he or she exhibits the same erratic driving behavior as a person who is intoxicated, such as crossing the double yellow line and weaving across lanes. However, it is nearly impossible for law enforcement to prove that cell phone use was the culprit in distracted driving. In a DUI stop, police can give a driver a breathalyzer or field test to determine intoxication. Unfortunately, police need probable cause to examine a driver's phone history and determine if it was used just prior to the traffic stop.

In 2009, distracted driving caused 18.6% of all accidents in New York. In 2010, the state police that patrol the New York State Thruway issued 8,172 cell phone tickets, up from 5,405 in 2008. Until the state devises a way for police to prove cell phone use was the cause of distracted driving, New York police will continue to struggle to enforce the state's cell phone laws.

Article provided by Sakkas, Cahn & Weiss, LLP
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