Since New York’s distracted driver went into effect earlier this month, I have been asked multiple times about whether a driver can read or write a text (or email) while stopped at a red light.
“Is it legal to text at a red light?”
“What are the NY texting and driving laws?”
The short answer is “no”. The new law prohibits using an electronic device while your car is “in motion” which includes texting at red lights. No court has interpreted this phrase yet, but I expect that most will conclude that “in motion” includes those times when the motorist is behind the wheel with the car in “drive”. Therefore, stopping at a light will be construed as being “in motion”.
The DWI laws in New York are enforced against anyone “operating” a motor vehicle. Operating has been defined to include sitting behind the wheel with the keys in the ignition. While “operating” and “in motion” may have different meanings, both clearly cover a motorist stopped at a red light. Indeed, arguably a car in “park” with its engine running is also “in motion”.
To avoid a texting and driving ticket, I highly recommend pulling over to a legal parking spot if you need to read or write a message (or otherwise use an electronic device).
8 Comments. Leave new
I was fully stopped at an inspection check with about three cars in front of me. I picked up my phone and took a quick picture. It took about 5 sec. When it was my turn the officer said I was using my phone. I showed him the photo and told picture and I was fully stopped waiting. He said fully stopped is on the side of the road. 1225-D states that for commercial vehicles only. I am not a commercial vehicle. I was fully stopped and not texting. I said I could have used my Nikon; is that illegal. He essentially indicated yes. Should I plead Not Guilty?
Alex, sounds like you technically did violate VTL 1225-d. You probably should still plead not guilty as this is the only way to possibly get a better outcome.
Call us at 212-683-7373 so we can provide a more precise recommendation.
Weiss & Associates, PC
So, if my phone is in a cup holder device and the light is red, can I read a text?
Ellenita M,
Yes, in New York, it is illegal to “hold” a mobile device while driving. If you are not holding it, then it is not a violation of NY law.
Matthew Weiss
I was at a intersection waiting for the light to turn green to make a left hand turn. my step father that I live with is on hospice and I thougth they texted so I picked up the phone looked at it put it down and still waiting for the light I looked over and a police man was next to me. the light turned green and I turned and he pulled me over. can I fight that in court
Bonnie L Marr,
You can fight it but it’s going to be tough to beat. In NY, you can use an electronic device while driving and you do not describe an emergency that would justify violating the law.
Matthew Weiss
The radio in my vehicle is an electronic device. Can I play with the radio while the vehicle is in motion?
Inquiring minds want to know,
Yes, the law only applies to electronic devices which you hold in your hand while in motion.
Matthew Weiss