In case you missed it, Governor Cuomo signed into law on July 12, effective immediately, legislation permitting law enforcement officials to stop drivers simply for using mobile devices for activities such as texting while they are driving, whether or not they are committing another offense, such as speeding. The new law, Chapter 109, makes sending or receiving a text while driving, or using a cell phone without a hands-free device while driving, a "primary" traffic offense in New York. The law calls for violators to face fines up to $150 and incur two penalty points on their licenses, but the Governor also announced that he will also "increase the penalty for using a cellular phone without a hands-free device or a handheld device while driving from two to three points through changes in state regulations". For a current comparison of cell phone and texting laws in the various states, check out this chart created by the Insurance Institute for Highway Safety and the Highway Loss Data Institute.
Ernster, the Virtual Library Cat
Above the Law - A Legal Tabloid - News, Gossip, and Colorful Commentary on Law Firms and the Legal Profession