The New York Vehicle and Traffic Law (VTL) imposes monetary penalties and driver violation points for using a cell phone to talk or text while driving. More information is available here. The two relevant statutes are VTL § 1225-c and VTL § 1225-d. Using a Mobile Telephone to Engage in a Call VTL § 1225-c(2)(a) provides: “[N]o person shall…
Read More New York’s Cell Phone Driving Laws and RulesAdmit it: you’ve fantasized about doing this. Below is the complaint filed by Willian Barboza in June, captioned Willian Barboza v. Detective Steven D’Agata and Police Officer Melvin Gorr, 13-cv-4067 (SDNY June 13, 2013). Plaintiff alleges: In August 2012, plaintiff Willian Barboza paid by mail a traffic ticket that he received while driving through the Village…
Read More Traffic Ticket Profanity Results in First Amendment LawsuitYour best bet for avoiding a cell phone-related ticket in New York? Put the thing down while the car is running – even when stopped at a red light. One court (the Town Court of the Town of Brighton, Monroe County) recently held that a car stopped at a red light is still “in motion”…
Read More Car Is “In Motion” When Stopped at Red Light For Purposes of New York’s Cell Phone Driving StatuteWhat does it mean to “engage in a call” for purposes of New York’s general cell phone driving statute, VTL § 1225-c(2)(a)? That section provides: ”[N]o person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion.” Specifically, does using an iPhone’s “Siri” feature to…
Read More Activating “Siri” Feature Did Not Amount to Using Phone to “Engage in a Call” Within the Meaning of New York’s Cell Phone Driving StatuteTraffic lights are everywhere, and drivers typically take it for granted that they will work properly. But, like everything, there are no absolutes. Furthermore, like any man-made object, they are subject to malfunctioning (see, for example, the below video, taken by me at the corner of Broadway and Murray). What then? Turns out that there’s…
Read More New York City Traffic Tidbit: Malfunctioning Traffic Signals