New York State is not messing around when it comes to cell phone & texting fines behind the wheel. In case you do not know and from out of state, New York State prohibits all drivers from using portable electronic devices at any time.
Illegal activity includes holding an electronic device and composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages. Viewing, taking, or transmitting images, and yes, even playing games. These actions will all cost you money in New York, if you are caught behind the wheel engaging in them.
The penalty for a violation of this law is up to $150 and also gets the gift that keeps on giving; 3 driver penalty points. It is a primary law, which means an officer may pull you over soley if you are observed using a hand held device.
“If you are seen playing Angry Birds™ while driving,
you may get more than just a few
angry people flipping you off some birds…”
— DJ Kenny Casanova, 2013
The law defines the following terms as: (a) “Portable electronic device” shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
(b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.
TEXTING WHILE DRIVING –New York State law prohibits all drivers from <strong>using portable electronic devices, such as cell phones and smart phones, to send text messages or emails, and yessssssss, playing Words With Friends™ while driving. The penalty for a violation of this law is a fine of up to $150 plus mandatory surcharges and fees of up to $85. This violation also carries the ultra bonus…. three driver violation points!!!!
Using a handheld electronic device is now a primary offence, which means any officer can stop you if you are observed using a handheld device while driving. That means you don’t have to be speeding or doing anything else wrong for them to cite you for this charge on the spot upon visitation.
If you have been hit with this charge, we can help.
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