New york Targeted visitors Ticket Short article - Legality of Text Messaging and Driving

Our legislation business was retained to struggle the very first acknowledged ticket of its form - illegally driving while text messaging. After exploring the difficulty, we concluded this observe just isn't at the moment illegal less than The big apple regulation.

On March six, 2008, the motorist was functioning his vehicle in Manhattan though allegedly using his mobile cell phone to jot down and transmit a text concept. It had been at the moment a NYC police officer pulled him around and issued him a ticket for making use of his cell youtube.com/watchv=34NCD_mRDK8 mobile phone illegally.

The motorist then retained 888 Red Gentle who rapidly concluded which the motorist experienced been incorrectly charged below a statute which only prohibits voice phone calls without the need of a hands-free product.

The choose with the Website traffic Violations Bureau agreed with NY targeted visitors attorney Matthew Weiss and, on May possibly 21, 2008, the case was dismissed.

This conclusion will come since the Big apple is thinking about joining New Jersey and Washington states by generating it unlawful to jot down, read through or mail a textual content message. Sen. Carl Marcellino (R-Oyster Bay) and Assemblyman Felix Ortiz (D-Brooklyn) are sponsoring the bill, as well as the measure has presently been approved from the New york Condition Senate (S.3195-C). The enactment of these a regulation can have a large effects upon motorists to be a the latest Nationwide Mutual Insurance policy Enterprise study uncovered that 20% of individuals admit to texting while driving.

The deaths of 5 teens within the City of Canandaigua in July 2007 is spurring on this legislation. Assessments carried out once the SUV collision that has a tractor-trailer confirmed the 17-year previous driver had been driving inattentively owing to clear textual content messaging.

When acknowledging the dangerousness of texting and driving, Mr. Weiss stated "We are happy the judge agreed with our interpretation with the targeted visitors regulation and properly dismissed this transferring violation. When it carries 0 points, this sort of targeted visitors ticket can adversely impact a driver's coverage charges."

The author, Matthew J. Weiss, Esq. graduated Hofstra Law College in 1984. He was Regulation Critique and gained the law school's prestigious Process Award. Upon graduation, he became among the initially Hofstra Law University graduates to operate for the New york State Court of Appeals (New york State's highest court) doing work on several appellate issues.

Mr. Weiss then worked for two several years at Rivkin, Radler, Bayh, Hart & Kremer, a 200-plus lawyer legislation firm, representing a variety of clients, these as municipalities, insurance companies and huge corporations, in numerous litigation matters. He also continued to do substantial appellate do the job.