New AAA Study: Voice-Activated And Hands-Free Device Still Lead To Distracted Driving

Posted by Matthew Weiss on June 12, 2013  /   Posted in New York Traffic Lawyer Tips

Screen-shot-2013-01-28-at-2.16.17-PM-e1359400678812An AAA study released today debunks the myth that voice-activated and hands-free devices eliminate driver distraction concluding that drivers who use hands-free devices to talk, text, send emails or give voice commands can “overload” their attention span.  Commands that are not short and simple are not too distracting.  But checking email or Facebook accounts significantly impair concentration levels.

Researchers mounted cameras inside a car to track eye and head movements. The participants were fitted with electroencephalographic (EEG) caps to chart brain activity, helping researchers determine the “mental workload.”  Response time to traffic lights was recorded using a “Detection-Response-Task” device.

Listening to the radio presented a minimal risk. Talking on a cellphone, whether handheld or hands free, presented a moderate risk.  However, listening and responding to a voice-activated email program created an “extensive” risk.

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NY Cell Phone & Texting And Driving Tickets Now Carry 5 Points!!

Posted by Matthew Weiss on June 05, 2013  /   Posted in Traffic Tickets

IMG_33751Starting June 1, 2013, cell phone violations and texting & driving violations now carry 5 points (up from 3).  A cell phone violation occurs when a driver uses a phone without a hands-free device.  A texting and driving violation occurs when a driver “uses” an electronic device while driving.  The terms “use”, “electronic device” and “while driving” are all construed liberally meaning that you cannot even hold your device while behind the wheel of a car that is not parked.

The new 5-point designation makes these two types of moving offenses the second most serious in the State.  Speeding 21+ is the most serious carrying 6, 8 or 11 points.  A cell phone and texting & driving ticket now carries the same number of points as a reckless driving misdemeanor as well as a passing school bus violation.  Motorists can be suspended for accumulating 11 or more points so this change is significant.  On the other hand, for those with clean records, a conviction to one cell phone or texting ticket will NOT result in your insurance increasing.

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45 Years Later, Hit-And-Run Driver Identified Via Facebook

Posted by Matthew Weiss on May 29, 2013  /   Posted in Traffic Tickets

ashby_photo_FDN_2000-300x405On October 31, 1968, 4-year old Carolee Sadie Ashby was tragically struck and killed as she crossed a street in her upstate New York home of Oswego. Russ Johnson, a dogged, retired Fulton police detective, was able to solve this cold case via a Facebook post with the details of the case.

Reportedly, a former resident now living in Florida saw the post and came forward with new information. As a result, Douglas Parkhurst, 62, of the town of Oswego, has been identified as the driver of a car that failed to stop. Parkhurst was a suspect back in 1968 but was inexplicably not charged despite admitting to have been an accident that night. He claimed that he had hit a guard rail but the story did not match up with the damage to his car. Unfortunately, Parkhurst cannot be charged because the statute of limitations has expired. Yet, the information allows the Fulton police department to close this sad case.

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Alcohol Blood Level To Be Lowered?

Posted by Matthew Weiss on May 22, 2013  /   Posted in Traffic Tickets

breathalyzerThe National Transportation Safety Board proposed last week that states lower their drinking and driving limits from .08 to .05. Currently, all states criminalize drinking and driving (DWI) for motorists with a blood-alcohol level (BAC) of .08% or more.

The NTSB cites, as the basis for dropping the BAC, the annual loss of life and injuries (almost 10,000 and 170,000 respectively) due to alcohol-related traffic accidents.

Most countries in Europe, South America and Australia, make it illegal to drive with BAC levels of only .05.  New York already makes it criminal for operators of commercial vehicles who are under 21 to drive with .04 BAC or other evidence of intoxication.

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Click Or Ticket Campaign Starts Today

Posted by Matthew Weiss on May 20, 2013  /   Posted in Traffic Tickets

click-it-or-ticketClick it or ticket it campaign starts today thru June 2nd. Check points and strict enforcement in NY, CT & NJ.

In New York, an adult seat belt ticket carries no points but does have roughly a $150 fine while a child seat belt ticket carries 3 points and roughly a $150 fine. Buckle up!

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What Is Reckless Driving?

Posted by Matthew Weiss on May 15, 2013  /   Posted in Traffic Tickets

Screen Shot 2013-05-15 at 7.12.21 PMIf you get a pink ticket for reckless driving. You need to know some basic information about this serious charge. Reckless driving is both a crime and a moving violation. VTL § 1212 defines reckless driving as follows:

Pursuant to Vehicle and Traffic Law Section 1221, “Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.”

New York City police officers issue more reckless driving tickets per capita than any other place in New York. Often, they issue them for offenses that are actually mere moving violations. At first blush, the issuance of such tickets may seem unfair but, in practice, the police officer is actually doing the motorist a favor.

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Teen Deaths Skyrocket Due To Mobile Technology

Posted by Matthew Weiss on May 09, 2013  /   Posted in Traffic Tickets

UnknownResearchers at Cohen Children’s Medical Center in New Hyde Park estimate more than 3,000 annual teen deaths nationwide from texting and 300,000 injuries, making texting and driving is the leading cause of teen death. These figures eclipse the statistics for teen deaths and injuries due to drinking and driving.

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Pedestrians Beware!!

Posted by Matthew Weiss on May 08, 2013  /   Posted in Traffic Tickets

Screen Shot 2013-04-06 at 9.52.57 PMA recent study of injured NYC pedestrians conducted by NYU Langone Medical Center contains some curious conclusions. It is a unique study because it was prepared by medical personnel and focused on the patients and their injuries.

Below are the findings:

  • most startlingly, 44% of pedestrian accidents occurred while the person walked within a cross walk and with the light. Clearly, pedestrians MUST be vigilant even when “they’re in the right”. Indeed, 6% of pedestrians were injured while on the sidewalk. Jaywalking pedestrians only accounted for 23% of the accidents, and those who disregarded the light made up 6% of the injured.
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Google Glass Should Be Illegal (Part 2)

Posted by Matthew Weiss on May 01, 2013  /   Posted in Traffic Tickets

Screen Shot 2013-02-24 at 2.06.40 PMLast February, I wrote a post entitled “Google Glass Should Be Illegal” urging politicians in New York to proactively making driving with this yet-to-be-released device illegal. Mashable recently wrote about this topic (and, by the way, it felt great to be ahead of the curve vis-a-vis the cutting edge online publication). Specifically, the Mashable piece discussed Gary G. Howell, a Republican member of the West Virginia legislature, who introduced a bill that would amend a state law forbidding texting-while-driving to also prohibit “using a wearable computer with head mounted display.” The new language clearly targets Google Glass.

I applaud Howell’s efforts and hope the New York Legislature would follow his lead. Unfortunately, it too many years for New York to prohibit texting and driving despite the obvious dangers and many studies showing the dangers of distracted driving.

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How Long Does A NY Traffic Ticket Stay On My Driving Record?

Posted by Matthew Weiss on April 24, 2013  /   Posted in Traffic Tickets

UnknownIn this post, we will discuss how long accidents, traffic ticket convictions, and suspensions and revocations remain on a driver record.

  • A traffic ticket conviction or an accident normally remains on a driver record during the year that the conviction or the accident occurred, and for the following three calendar years. (Note: The DMV uses the year when the conviction occurred, not the year when the violation occurred.) The DMV removes a conviction or an accident from a driver record on January 1 of the fourth year after the year of the conviction or the accident. For example, an accident or a conviction that occurred during 2009 remains on the driver record until January 1, 2013.
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Interlock Device To Prevent Texting And Driving

Posted by Matthew Weiss on April 17, 2013  /   Posted in Traffic Tickets

Screen Shot 2013-03-16 at 8.38.29 AMThe requirement of installing an interlock device for those convicted of driving while intoxicated has become commonplace in New York. This device prevents someone from driving a car with requiring him or her to prove sobriety by blowing into a tube.

A new product called ORIGOSafe works similarly, however, it prevents texting and driving. Your car will not start unless the driver inserts his or her cell phone into a slot in the center console. Unless your phone is plugged into the device, your car will not start. ORIGOSafe lists for $279 plus installation costs.

Other options to accomplish the same result are apps called TXTBlocker and cellCONTROL. They block text message signals when your phone is in a car.

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The Most Likely Place To Get An Illegal Cell Phone Or Texting Ticket

Posted by Matthew Weiss on April 10, 2013  /   Posted in Traffic Tickets

IMG_33751Based on statistics from July 2011 to July 2012, New York City accounts for the vast majority of illegal texting/cellphone tickets.

During this period, records show that: 45,910 tickets were issued in Brooklyn, 45,036 in Manhattan, 38,947 in Queens, 12,763 in the Bronx and 5,114 on Staten Island. In each case, the total number of issued tickets was higher than the year before (when the texting law was a secondary offense). For instance, there were 91 tickets issued for illegal texting in the Bronx before the law was changed, and 900 the following year.

Statistics show that during this same period there were nearly 20,000 tickets issued for texting, up from about 4,500 the year before. However, while there were 296,094 tickets issued for using a cellphone between July 2010 and July 2011, that number dropped to 218,323 after the law was changed.

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Can I Speak To Siri While Driving?

Posted by Matthew Weiss on April 03, 2013  /   Posted in Traffic Tickets

130318_siri_0078Last week, we discussed whether a motorist stopped at a red light is “in motion” for purpose of New York’s cell phone law under Vehicle And Traffic Law Section 1225-c. This week we discuss whether using Siri violates the cell phone law or any other New York law.

In People v. Welch, the defendant was observed holding an iPhone to his chin while operating his car.  He was charged with illegally using a mobile phone in violation of VTL Section 1225-c.  Welch admitted he was talking into his iPhone, but claimed that he was merely using its “Siri” feature to activate a call.  Siri is a voice-activated “personal assistant” that can do things such as initiate phone calls and conduct web searches.

Judge Karen Morris of the Brighton Town Court found the defendant credible and said the evidence “rebuts the inference that he was engaged in a call and instead establishes that he was activating a call.”

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The Newly-Opened Suffolk County Traffic & Parking Violations Agency – FAQs

Posted by Matthew Weiss on April 01, 2013  /   Posted in Traffic Tickets
Suffolk County Traffic Violations Agency

Suffolk County Traffic & Parking Violations Agency

I’ve talked about it for quite some time but its finally here. Starting today (April 1, 2013), all traffic tickets currently returnable at the Suffolk Traffic Violations Bureau in Hauppauge will be heard at the nearby Suffolk County Traffic & Parking Violations Agency, located in the H. Lee Dennison Building, North Entrance, 100 Veterans Memorial Highway, Hauppauge, NY 11788. The Suffolk County Traffic Violations Bureau (“TVB”) will transfer its pending cases to the new court.

This is good news for motorists because, unlike, the Suffolk TVB, the Suffolk County Traffic & Parking Violations Agency will in most cases engage in plea bargaining. Plea bargaining affording motorists an opportunity to obtain a favorable result anytime they plead not guilty.

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