How to Avoid Tickets for Texting & Talking

Within the last year and a half, New York State passed new legislation within the vehicle and traffic law that makes talking on a cell phone while driving a 2 point penalty on one's license. Previously in 2001, NY passed a law making said action a violation and with it came a fine of up to $100. This made headlines because at the time, NY was the first state to finally crack down and impose such a penalty.

Now, approximately 10 years later, NY has amended the law to include a 2 point penalty along with a fine. No longer is getting a ticket for talking on your latest and greatest cell phone a mere financial nuisance. Now, with the implementation of the points penalty, such behavior can have an adverse effect on ones insurance premiums along with their overall driving record.

Another "hot topic" in vehicle traffic law is texting while driving. This action seems to be more prevalent in this new age of the smart phone boom. However, in November of 2009, NY passed a law making texting while driving a 2 point penalty along with a fine of up to $150. This little known fact does not seem to prevent the masses from doing so because more and more text related accidents are being reported, as odd as that sounds.

Personally, I see people chatting away on their phones while driving all the time and I am amazed due to the fact that it has been over 10 years since the law against doing so was passed. Bottom line, avoid talking and texting while driving. Not only will you open yourself up to all sorts of legal trouble, but more importantly, one imposes great physical risk to themselves and others when doing so.

The best way to avoid talking while driving would be to obtain a bluetooth device that enables one to speak comepletely hands free. The ear piece models are the cheapest. Many newer model cars these days come equipped with internal bluetooth that allows one to control their mobile device from the car steering wheel. Voice is regulated through a microphone usually imbedded in the rear view mirror and the built in radio speakers act as one giant speaker phone.

Simply using your cell phone on speaker mode will not get you off the hook from being guilty of talking on a mobile device while driving. The device must be completely hands free. Also, many new smartphone applications are available now that translate texts to talk and vice versa.

As stated, talking on a mobile device while driving can be dangerous, but textitng while driving is considered worse due to one's eyes being contantly taken off the road. For all the frequent car talkers and texters out there, I feel it would not only be in their best legal interest to obtain a suitable hands free device or smartphone application, but more importantly, it would be best for all in terms of safety and good consciousness.

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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