When it was first enacted, we reported that New York’s law prohibiting texting and driving was deficient in that it contained a major loophole. The loophole was that it was un-enforceable unless the motorist also committed some other moving violation at the time of the “illegal” texting.
Since then, New York’s legislature has yet to fix the issue despite study after study showing the dangers of this practice. Recently, the State Senate passed legislation that would remedy this flaw. This proposed legislation will also make “texting and driving” a 2-point moving violation. However, we await the Assembly to follow the Senate’s lead.
It is beyond dispute that texting and driving is extremely distracting and dangerous. I really hope the Assembly can get their act together and finally fix this long-standing loophole. C’mon, we are half way there!