New York’s Texting and Driving Law is Hard to Enforce

May 29, 2011 · by Albany Criminal Attorneys · in
New York's Texting Law

Secondary enforcement makes NY’s texting law unenforceable


Within weeks after five Fairport High School graduates died in a car crash caused by texting, NY legislators began the process of enacting legislation to ban texting and driving.   The bill became a law in November 1, 2009 and is known as New York Vehicle and Traffic Law 1225-d (NY VTL 1225-d).

Rather than a regular flow of tickets which one would expect to be issued with the enactment of NY’s texting law, there has only been a trickle.

In the 14 months after the new law, these are the results:

  • Although serving 100,000 people, the Greece Police Department did not write a single ticket for texting while driving.
  • Public records obtained by the Democrat and Chronicle show that not one ticket for texting and driving were issued by the Gates, Irondequoit, Webster, Brockport and Ogden police departments.? Only three texting tickets were written by the |Brighton Police Department in the 14 months arfter the texting law went into effect.
  • In Monroe County, which includes Rochester, the New York State Police gave our 40 texting tickets compared to 3,200 cell phone tickets.
  • In total from all of Monroe County law enforcement bodies, only 58 tickets were given for texting while driving  compared to over 6,000 NY cellphone ticket violations.

Why so few tickets for violating New York’s texting law?

New York Texting and Driving

NY’s texting law frustrates police officers.

Police officers explain that the texting law is one of secondary enforcement which means that a driver must be pulled over for committing another primary violation such as speeding and then the driver may be issued a ticket for texting.

The outcome is that an officer may drive next to a driver and watch him send a text message while driving and the officer may not legally pull him over for texting and driving.

This is a legal loophole that has frustrated law enforcement officers for the past year and a half.

New York is the only state whose cellphone law is a primary offense but its texting law is a secondary offense.

The Rosenblum Law Firm has the required expertise and experience to beat your New York speeding ticket, New York  cell phone ticket.  We have a proven record of helping drivers to lower their fines and reduce their points.  Email or call 518-690-0445 today.


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