States have increasingly cracked down on texting while driving, recognizing the dangers that distracted drivers cause. New York generally prohibits texting while driving, but the exact language of the law leaves many drivers asking: If I am stopped at a red light – and my vehicle is therefore not actually moving – can I text?
The answer will depend on whether the individual is considered a commercial driver. It’s important to also know the risks of texting at any point in your commute, even if you are fully stopped at a red light. If you have been issued a citation for texting while driving, it’s time to speak with The New York Traffic Ticket Lawyers.
Understanding the New York Statute
New York’s Vehicle and Traffic Laws (VTL) regulate traffic throughout the state. Section 1225(d), in particular, concerns the use of portable electronic devices (such as cell phones). The relevant language of this law reads as follows:
“Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using any portable electronic device on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.”
These are the following rules that can be gleaned from the above statute:
- In general, it is illegal to use a cell phone while the “vehicle is in motion.” The term “using” is defined in such a way as to allow hands-free calls but prohibit sending or viewing texts.
- Because the vehicle must be in motion for this prohibition to apply, a driver generally does not violate the law if they send a text while stopped at a red light. This is a loophole that currently remains open.
- Commercial drivers are held to a higher standard in that they cannot send texts at any time, “including while temporarily stationary.” This applies to being stopped at a red light.
The law makes an exception for calling 911 or contacting medical, fire, or police personnel to report an emergency. These exceptions are unlikely to apply to texting, however.
Fines and Penalties
If you are issued a ticket for texting while driving, you can expect the following fines and penalties:
- First offense: Between $50 and $200 fine
- Second offense within 18 months: Between $50 and $250 fine
- Third offense within 18 months: Between $50 and $450
You will also have to pay a court surcharge of up to $93 and have 5 points added to your driving record. If you accumulate 11 points within an 18-month period, your driver’s license may be suspended.
Even if you are technically stopped at a red light while texting, you risk a law enforcement officer observing you and issuing a citation. You and the police officer may disagree as to whether you were fully stopped at the time, or there could be a dispute as to whether the light was red. If at all possible, it is better to not text at all while in traffic.
Defending Your Rights After Receiving a Ticket
In the event you do find yourself facing a traffic citation for texting while driving, our law firm can help. You may be able to decisively prove that you were stopped or that an emergency situation applied. Fighting your ticket could save you expensive fines, auto insurance premium hikes, and points added to your license.
It starts with reaching out to The New York Traffic Ticket Lawyers. Contact our office to schedule your consultation.
