Big Apple Targeted Visitors Ticket Article - Legality Of Text Messaging And Driving

Our law greeley traffic lawyer  agency was retained to fight the primary regarded ticket of its kind - illegally driving although textual content messaging. Soon after studying the problem, we concluded this exercise is just not presently unlawful under Ny law.

On March six, 2008, the motorist was working his car or truck in Manhattan though allegedly applying his mobile cellphone to jot down and transmit a textual content information. It absolutely was at the moment a NYC police officer pulled him over and issued him a ticket for working with his mobile cell phone illegally.

The motorist then retained 888 Crimson Gentle who rapidly concluded which the motorist experienced been improperly charged below a statute which only prohibits voice calls without having a hands-free machine.

The decide on the Visitors Violations Bureau agreed with NY targeted visitors lawyer Matthew Weiss and, on Might 21, 2008, the case was dismissed.

This decision arrives since the New york is contemplating joining New Jersey and Washington states by making it unlawful to write, read through or send out a text concept. Sen. Carl Marcellino (R-Oyster Bay) and Assemblyman Felix Ortiz (D-Brooklyn) are sponsoring the bill, as well as measure has currently been accepted from the Ny State Senate (S.3195-C). The enactment of these a legislation could have a significant influence on drivers like a latest Nationwide Mutual Insurance Enterprise survey observed that 20% of men and women admit to texting whilst driving.

The deaths of 5 young people from the Town of Canandaigua in July 2007 is spurring on this legislation. Assessments executed after the SUV collision which has a tractor-trailer confirmed the 17-year aged driver had been driving inattentively because of to obvious textual content messaging.

Whilst acknowledging the dangerousness of texting and driving, Mr. Weiss said "We are glad the choose agreed with our interpretation from the targeted visitors regulation and properly dismissed this moving violation. Even though it carries 0 factors, this sort of targeted visitors ticket can adversely have an impact on a driver's insurance policy premiums."

The author, Matthew J. Weiss, Esq. graduated Hofstra Regulation School in 1984. He was Legislation Critique and won the regulation school's prestigious Course of action Award. On graduation, he became among the list of to start with Hofstra Legislation College graduates to operate on the New york Condition Court of Appeals (Big apple State's greatest court) performing on numerous appellate matters.

Mr. Weiss then worked for 2 many years at Rivkin, Radler, Bayh, Hart & Kremer, a 200-plus legal professional law firm, representing a variety of clients, these as municipalities, insurance plan companies and large corporations, in a variety of litigation matters. He also continued to do substantial appellate function.