Cellphone Bans While Driving: When Good Intentions Go Wrong

ALBANY, NY, March 15, 2012

What better time to catch up with friends and loved ones or take care of personal business than during a long commute or road trip? Many drivers find this tranquil time in the midst of their hectic lives perfect for doing just that. But in some states, such as New York, certain uses of cellphones while driving are illegal.

In fact, the cellphone ban while driving in New York state is so strict that just being spotted with cellphone in hand while driving may be reason enough to be pulled over. The penalty for such an infraction is no slap on the wrist either. Hefty fines and, as of October 2011, three points against the driver's license are the disciplinary actions in place for violators.

Reasoning for Ban Found to be a Bust

The law was originally put in place with the best intentions in mind. Law makers in New York State believed that the use of cellphones while driving was a major safety risk. However, research has found that the ban has not decreased accidents at all. In fact, the Highway Loss Data Institute conducted research for the Insurance Institute for Highway Safety (IIHS) and discovered that the number of accidents have actually increased since the ban was put in place.

Much like the prohibition laws of the 1920's and 30's, outlawing the act of handheld cellphone use is not in any way a complete deterrent of the behavior. In reality, bans have simply forced drivers to find more creative ways to use their cellphones -- often trying to hide their phones while texting. Just like prohibition, this and other creative methods have caused additional issues that did not previously exist: holding the phone out of sight causes a number of other safety issues.

Cellphone Use Continues in Lieu of Law

Even though there is a law on the books banning its use, most drivers continue to fill commute time with cellphone communications. Not only is the time convenient for doing so, it is simply not perceived as dangerous. Drivers often argue that there are numerous other non-banned activities that can be considered just as much of a "distraction" -- such as eating, talking to a passenger, or changing radio stations.

Regardless of these other distractions, the push in New York state and throughout the nation has been to target cellphone use. In fact, by the end of December 2011, 34 states had passed laws prohibiting texting and emailing while driving. But the question remains, if laws such as these are not actually making roads safer -- and are, in fact, causing more accidents -- then will such bans remain?

While the laws still exist, drivers beware. Violations of texting while driving or handheld cellphone use can result in fines over $100 and points added to driving records.

Website: http://www.trafficviolationlawyerny.com