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Michael Kramer, Attorney at law

New York Passes Law To Crackdown On Texting While Driving

New York — The New York State Legislature has passed a new law cracking down on young drivers who are caught texting and driving.

The new legislation approved by the state Senate and Assembly, will toughen the laws for drivers with permits and probationary and junior licenses caught texting or talking on a handheld cell phone while driving. The first offense will carry a sentence of a 60-day suspension. A second offense within six months would revoke a probationary license for six months and a junior license for 60 days.

New York Gov. Andrew Cuomo will now sign the legislation, who said that it was a much-needed move. In a statement released by his office, he said, “Inattention and inexperience is a deadly combination and no parent should have to experience losing a child at the hands of a text message.” He also applauded his colleagues in the Legislature for their swift action in passing this law.

A 2011 survey was cited by the sponsors of the legislation that showed 45 percent of students 16 and older texted or emailed while driving in the previous 30 days.

Only a week earlier another set of tough new regulations on texting and driving went into effect in which the penalty was increased from three to five points off the driver’s licenses of any motorists who is caught and ticketed. That penalty applies to any kind of cell phone activity while driving.

“As the father of three teenagers, I know first hand the importance of instilling safe practices in our young drivers who are developing lifelong habits as they learn to navigate the road,” Cuomo said. “We are urging young and inexperienced drivers to keep their eyes on the road and hands on the wheel, while putting stronger penalties in place for drivers of all ages who violate the law and put others in danger.”

Cuomo said he spends a lot of time in car and he sees people texting while driving every day. New Yorkers echoed those sentiments.

“Everybody is looking down on their phones. You could be driving down the Hutch or Sprain Brook parkway and no one’s looking in front of them, and lives are lost,” Helene Farrell told local TV channel.

In 2011, Ben Lieberman lost his son, Evan, in an accident that involved a driver who was using a cellphone.

“Drivers need to worry about the lives that are in their hands and not the cellphone that is in their hands. The governor’s actions will ensure that drivers of all ages will carry out that responsibility,” he said.

State officials called the behavior unacceptable.

“Distracted drivers will not be tolerated in New York State,” said New York State Police Superintendent Joseph A. D’Amico. “Drivers who text or talk on mobile devices while behind the wheel not only take their attention from the road, but also put lives at risk. Our message is clear — motorists who use a cellphone or electronic device while driving will be ticketed.”

New York reported the number of cell phone-related crashes more than doubled from 2005 to 2011.

Michael Kramer, Esq.

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(914) 709-7161

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