Davis Law Group, P.S.

Governor Wants Texting While Driving Penalties to Increase

New York Governor Andrew Cuomo wants to crack down on distracted driving, texting while driving in particular. The governor’s proposal is that distracted driving could become a primary offense, which includes any electronic device use while driving.

“Every day, countless drivers, particularly teenagers and young adults, drive with their eyes on a screen rather than the road,” Mr. Cuomo said in a statement. “We need to impose a true deterrent to stop people from driving while using an electronic device and to keep our roads and citizens safe.”

His proposal would also include increased penalty for distracted driving, up to 3 points – same as other offenses including running a stopping sign or failing to yield.

In 2009, 5,474 people across the country died in crashes linked to distraction, according to federal data.

Compared to other states, New York’s distracted driving laws are very minimal.

Safety advocates praised the proposal, saying it would allow more widespread enforcement of the state’s ban on texting while at the wheel.

“The secondary nature of New York State’s law dilutes its deterrence value,” said John A. Corlett, the legislative committee chairman for AAA New York State. “Lawmakers need to stiffen the consequences for those who endanger the rest of us with their dangerous conduct.”

The Federal Transportation Secretary and an outspoken critic of distracted driving Ray Lahood says that he commends Governor Cuomo for pushing stronger legislation in New York.

This proposal would apply to all hands-on devices – not just cell phone. However, any device mounted on a car’s dashboard such as GPS.

There was a similar proposal that was denied by David A. Paterson, Cuomo’s predecessor.

However, this year there is a lot more optimism about winning the proposal this year.

In New York alone, NYPD issued 331,809 tickets to motorists who were talking on their cell phones without hands-free devices. In comparison to texting while driving tickets, police only issued 3,235 tickets last year in New York.