In the seven months since increased texting and mobile device use regulations went into effect in New York, approximately 119,000 drivers have received tickets for texting or otherwise using handheld electronic devices while operating a car. Nearly 7,500 of these traffic citations were for texting while driving.
Penalties for using electronic devices while behind the wheel can include up to a $150 fine, and perhaps more damaging, a three-point hit on a driver's New York driving record.
]]> Before the increased enforcement was passed in New York last summer, law enforcement authorities had issued only 3,250 texting tickets in 2010. Prior to August 2011, texting while driving was a secondary offense, which means that police needed another reason, like speeding or running a red light, to pull over drivers they observed texting. Based on national research about the increasing prevalence and dangers of the practice, New York officials pushed for changes to the law.When the new regulations went into effect, texting while driving became a primary offense, allowing law enforcement officers to pull over drivers solely for suspected texting. In the first month of enforcement over 1,000 tickets were written under the new law - a state record. A DMV official praised it as "one of the strongest anti-distracted driving laws in the country."
Law enforcement officials are ticketing close to 50 percent more drivers under the new law, using everything from traditional speed trap tactics to undercover vehicle stings.
According to statistics, Suffolk County issued the most texting while driving tickets, followed by Westchester, Nassau, Erie and Monroe counties.
Related resource: LoHud.com, "Texting tickets soared in New York in 2011."
]]>In an effort to crackdown on this behavior, the senate recently sent a bill to the assembly that would make it a felony to knowingly or unknowingly drive the wrong way down the road in New York. This means that anyone cited for reckless or wrong-way driving would be charged with a felony, which carries a hefty fine and penalty.
]]> The legislation comes as a result of a growing number of drivers driving the wrong way on the roads. In the last year, Long Island has issued 27 tickets for wrong-way driving under the influence. And Westchester County has seen several car crashes caused by cars driving in the wrong direction. In November 2010, an off-duty NYPD police officer was killed by a driver traveling the wrong way while under the influence of alcohol. Incidents similar to these are increasingly being reported across New York state.Under the new legislation, aggravated reckless driving would be made a class E felony, which would make it a felony-level offense to:
This felony carries a punishment of up to four years in prison. If approved by the assembly, the bill would also increase the punishment for reckless driving - those convicted of the misdemeanor could serve up to one year in prison.
Source: NewsLI.com, "Felony Charges Created For Wrong Way And Reckless Drivers," 1/23/12.
]]>The previous law only required drivers to change lanes or slow down for red flashing lights. The new law now requires drivers to do this for amber lights as well. Amber lights are found on tow trucks, maintenance vehicles or any trucks that may assist other motorists.
]]> Local tow truck companies and employees of the New York State Thruway say that they often put their lives in danger when they are out on the side of the road. Many workers have experienced a number of close calls - further exacerbated by the fact that many New Yorkers are still not even aware of the state's move over law. Drivers who have been ticketed say they did not know there was a New York traffic law requiring them to move over or slow down.New York State Troopers and the Thruway authority recently held news conferences to get the word out. Drivers who are ticketed under this law could be fined up to $275.
A second vehicle and traffic law that went into effect on January 13th, 2012, requires trucks to have crossover mirrors. This new law was put in place to reduce pedestrian injuries and deaths and provide a way for truck drivers to better see people crossing directly in front of their vehicles.
Crossover mirrors allow truck drivers to see people who are at least three feet tall crossing in front of the vehicle at least a foot away. These mirrors have been used on school buses for many years.
Source: LoHud.com, "State Move Over law widens to include tow trucks, maintenance vehicles," 1/3/2012.
]]>As result of the initiative, New York police issued 816 texting tickets over Thanksgiving - 330 of them can be directly attributed to the Operation Hang Up sting. The sting was funded by the federal National Highway Traffic Safety Administration.
Since the new law went into effect in July 2011, approximately 1,000 texting tickets have been issued each month in New York. This is more than double the previous 430 per month average.
]]> A ticket for texting while driving may cost as much as $160 plus a three point insurance penalty.Texting and driving has created widespread concern in New York and throughout the U.S. Drivers using handheld electronic devices are four times more likely to be in injury-causing car accidents.
As long as officials remain focused on eliminating texting while driving in New York, it is likely that organized stings - such as the Operation Hang Up one in late November - will continue to occur. These stings typically involve stationing an unmarked police car in busy traffic settings; the police car blends in with surrounding traffic, making it easier to detect distracted drivers.
Despite increased enforcement efforts, drivers who "keep their eyes on the road and their hands on the wheel" need not worry in 2012.
Related resource: NY Daily News, "Operation Hang Up To Target Distracted Drivers."
]]>Thankfully, this poor example of driving was all part of a video game-like simulator. In an effort to educate students about increased penalties for New York traffic and vehicle law as well as teach them about traffic safety, local law enforcement authorities are traveling to suburban New York schools with a "texting-while-driving" simulator.
]]> The simulator, owned by a national auto insurance company, traveled to nine different high schools in Westchester County and was used to show students how distracted driving could result in accidents or traffic tickets.Features of the simulator include requiring the driver to text while navigating city streets and highways and dealing with annoying passenger who refuses to wear a seat belt and often asks the driver to speed up. In addition to showing how such multi-tasking can lead to accidents, the simulator is also meant to teach and enforce a New York state law that took effect earlier this year.
Prior to July 2011, law enforcement officials could not ticket New York drivers for texting unless they had pulled them over for another offense, such as speeding, and discovered them to be illegally using their cell phones. However, the new law makes texting while driving a primary offense which means that if an officer sees a driver texting while behind the wheel, the driver can be pulled over and ticketed.
According to records from Westchester County, in the first two months of the new law being enacted, officers have issued 165 texting tickets. It is unknown how many tickets have been issued statewide for the offense, but authorities caution that they will continue to keep an eye out for texting drivers and they will be ticketed.
Source: Insurance Journal, "New York Students to See Danger of Texting While Driving," 11/16/11.
]]>Yes, you read that right. Despite New York's ban on texting while driving, drivers using the new integrated software program Siri on the iPhone 4S could send text messages while driving without ever using their hands.
]]> The law against texting and cell phone use in New York applies to "manual communication." Basically, you can't use your hands to operate your phone while driving. Many drivers are still able to receive and make calls on their phones by using a hands-free device like a headset or a Bluetooth. But until now texters have not had hands-free options.The iPhone software allows drivers to tell the phone who they'd like to text, speak the message and then say send. If they receive a text back, Siri will read the response out loud.
According to the New York State Department of Motor Vehicles, as long as drivers are not holding the phone in their hands, then there is no problem. But if drivers are picking up the phone to proofread texts before they are sent, to read texts that are received or touch any other buttons, then it would be against New York's law.
So, iPhone 4S users, text away, but be careful to not to actually touch your phone if texting while behind the wheel. Even starting up the iPhone and the Siri software -- which needs to be done manually by pushing a button -- could get you into trouble if you touch it while you are driving.
Source: Syracuse.com, "Will iPhone 4S allow drivers to text without breaking any laws?," 10/25/11.
]]>What does the Port Authority do to so-called "toll cheats"?
]]> Similar to red-light cameras, automated cameras on toll lanes take a picture of the motor vehicle, and those photos are used to determine the license plate number. From there, DMV records are used to track down the vehicle's owner and send a letter stating that toll (and possible fine) is due. When the Port Authority does not receive payment using that method, the agency will sometimes pursue the matter in civil court. For instance, one commuter is currently being used for $30,000 -- roughly $5,000 in unpaid tolls and an additional $25,000 in penalties.And now, with considerable increases in tolls -- a $1.50 jump for E-ZPass holders and a $3 jump for all other drivers -- there is concern that Port Authority will pursue violators even more harshly. Even out-of-state drivers might find themselves being pursued by Port Authority.
But drivers accused of cheating the toll system may not be without recourse. Drivers who can prove they were not driving behind the wheel may have a defense against fines and penalties. Additionally, the American Automobile Association (AAA) recently filed a lawsuit against the Port Authority of New York and New Jersey over the toll increased. Depending on how that lawsuit is resolved, alleged "toll cheats" might be able to find some relief.
Either way, if you believe that you are being wrongfully pursued by the Port Authority, talk to an experienced New York traffic violation lawyer to explore your options.
Related resource: New York Times, "As the Tolls Keep Rising, Some Still Pay Nothing."
]]>Not so, according to a recent article in the New York Times. In Maryland, a camera recorded a man stomping out of the woods with a hammer and shotgun, toward a speed camera enforcement vehicle on the roadside. The dramatic footage revealed the man smashing the windshield of the speed enforcement vehicle with the hammer.
While everyone may not feel quite as homicidal toward the ticket-generating cameras as the man from Maryland, there is no question that automated speed and red light cameras can be a definite nuisance to out-of-state drivers, especially business travelers, tourists and interstate truckers.
]]> When you receive a camera-generated ticket in the mail from New York, and you don't live in the area, it is difficult to feel like you even have a chance at fighting the ticket. For many, the expense of traveling back to the area in which you received the ticket would outweigh the cost of the actual ticket. In fact, according to the New York Times article, most business travelers pay the tickets because it is not reasonable for them to return to fight the charges.But that does not have to be the case. The good news is that, under most circumstances in New York state, an attorney can actually appear in traffic court and fight the ticket on your behalf. Now, you may think, "well, hiring an attorney is going to cost me more than simply paying the fine for this ticket."
But that is also not always true. The cost of a traffic ticket to a driver is not always just the fine. Depending on your driving record, a conviction for a traffic violation could result in increased insurance rates and points added to your driving record -- which, in many states can result in driver's license suspension or threaten your commercial driver's license.
The point is, when you receive a camera-generated ticket in the mail, you do have options. Carefully consider those options before you write out a check and drop it in the mail.
Related Resource: Many Motorists Enraged by Camera-Issued Tickets
]]>Until earlier this month, drivers traveling through the state of New York could not be pulled over using a handheld cell phone while driving. Texting while driving and handheld cell phone use was a secondary offense, which meant that drivers could only be ticketed if they had been pulled over for another offense, such as speeding, and were then found to have been using a handheld cell phone while behind the wheel. Thanks to the new law, however, drivers can be pulled over simply for using handheld device while behind the wheel.
]]> In addition to making texting while driving and handheld cell phone use a primary offense, the new law also increases the penalties for violators. The fine of $150 will not change, but the violation points added to a New York driving record will increase from two points to three points.In addition to texting while driving, the new law prohibits:
The new law has been a long time in the making, with safety advocates lobbying for stricter laws for years. Governor Andrew Cuomo stated, "It's plain and simple: Distracted driving leads to tragedies that have affected families all across New York. This new law will help ensure that drivers keep their eyes on the road and their hands on the wheel."
Law enforcement officials are already looking to the public to help enforce the new law. Ontario County Sheriff Phil Povero has requested residents to call the sheriff's office if they see someone talking on a handheld cell phone or texting while behind the wheel. He intends to mail warning letters to reported vehicle owners.
Source: MPNnow.com, "Tougher N.Y. texting law now in effect," 7/13/11.
]]>Last month, Transportation Secretary Ray LaHood announced that more rigorous testing will be required for those trying to obtain commercial driver's licenses (CDLs). Additionally, the DOT is seeking to enact new rules that will further align commercial license compliance with federal safety regulations.
]]> Under the new recommendations, potential bus drivers must now obtain a learner's permit before they can apply for a CDL. Any drug or alcohol-related offenses in regular vehicles, when commercial drivers are off the clock, would also lead to an automatic CDL revocation. (Currently, most states, including New York, will penalize CDL holders for drug or alcohol-related offenses but it is not always as serious as a license revocation).The DOT also hopes to implement nationwide uniform testing standards and to strengthen their enforcement authority against reincarnated transportation carriers (companies that were closed down for violations that open under a new name and registration number). The proposals also include implementing safety audits for new bus and motorcoach companies.
The DOT hopes that higher standards will translate to safer bus trips. LaHood noted that when the public rides any bus or commercial vehicle they have the right to know that they will reach their destination safely.
]]>Local law enforcement has teamed up with New York state troopers for New York's annual Click it or Ticket seat belt enforcement campaign. Starting yesterday, May 23rd, law enforcement is on the patrol for drivers and passengers not wearing seat belts.
In addition to targeting drivers not wearing seat belts, local law enforcement agencies are also paying close attention to teen drivers and nighttime drivers.
Teenage drivers are even less likely to wear a seat belt than most adults, so officers in several local communities will be focusing closely on teen drivers. The Yorktown Police Chief urges parents to talk to their teens about buckling up, "While the national average for seat -belt usage is approaching 90 percent, the teen usage rate is only 46 percent, even when riding with a seat-belted adult."
]]> The campaign also includes safety checkpoints that will be staffed both during the day and at night. Troopers are making a point to staff checkpoints at night because statistics show that nighttime drivers and passengers are the least likely to wear their seat belts and the most likely to be killed in a motor vehicle accident. According to the National Highway Traffic Safety Administration, two-thirds of those killed in nighttime crashes were not wearing seatbelts.One state police commander said, "Perhaps people feel less likely to be stopped at night for not wearing seatbelts, but they are putting themselves at tremendous risk. We are focusing our enforcement efforts on the behaviors that are injuring and killing people on our roads, and that means safety belt enforcement day and night."
During last year's enforcement campaign, state troopers issued over 22,000 traffic tickets.
The increased enforcement runs through Sunday, June 5.
]]>Between the facial match program and record checking, a partnership of suburban prosecutors, the New York City Police Department and U.S. Customs identified 46 individuals that currently held CDLs even though their drivers' licenses under different names had been suspended.
The 46 individuals came from a variety of different commercial driving positions: city bus drivers working for the Metropolitan Transit Authority, private tour bus drivers, taxi drivers, and drivers of other commercial vehicles. The city bus drivers' CDLs have been suspended pending a court action, said the Huffington Post.
]]> The Huffington Post also reported that some drivers have been accused of using multiple licenses in order to collect benefits or conceal criminal histories. Other drivers were wanted under felony warrants. Some had been sought for deportation.For other drivers, it was not necessarily a matter of trying to hide a criminal past from employers or law enforcement officials. Instead, drivers had pending traffic tickets to which they never responded, and now, in addition to CDL suspension, they are facing charges of aggravated unlicensed operation (AUO) of a motor vehicle.
In addition to the crackdown using facial recognition technology, the state Department of Transportation has also been pulling commercial drivers off the road in surprise road checks. Since the tragic tour bus accident, the NYDOT has made almost 2,000 surprise roadside inspections, issuing 197 tickets and sidelining 173 bus drivers.
Source: Huffington Post, "46 Drivers Charged With Felonies in State-Wide Safety Check," 5/9/11
]]>When clients are more informed about the legal process, they are typically able to make more responsible decisions about their cases. This Blog page is dedicated to those relevant court decisions and other legal issues that may have an impact on the outcome of your case. Check back here periodically for updates about traffic violations in New York.
Our firm invites your feedback on this and on future Blog posts. For more information about fighting a traffic violation, contact our firm to learn more information. Call our office in Albany at 866-974-9186 or 518-462-4242.
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