Monday, January 21, 2013

Cell Phone Shenanigans While Driving

New York State is not messing around when it comes to cell phone & texting fines behind the wheel. In case you do not know and from out of state, New York State prohibits all drivers from using portable electronic devices at any time.

Illegal activity includes holding an electronic device and composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages. Viewing, taking, or transmitting images, and yes, even playing games. These actions will all cost you money in New York, if you are caught behind the wheel engaging in them.
The penalty for a violation of this law is up to $150 and also gets the gift that keeps on giving; 3 driver penalty points. It is a primary law, which means an officer may pull you over soley if you are observed using a hand held device.
The law defines the following terms as: (a) “Portable electronic device” shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.

(b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.

CELLPHONE USE WHILE DRIVING – New York State does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 and mandatory surcharges and fees of up to $85. For offenses committed on and after October 5, 2011, this violation also carries three driver violation points!
Marty Carbone, Carbone & Carbone LLP, Attorneys at Law
Twitter: @carbonelaw1

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