Vehicle and Traffic Law Section 1225-c, which initially became effective in 2001, prohibits individuals from operating a motor vehicle while using a mobile telephone to engage in a call while the vehicle is in motion. The law provides specific definitions including that “using” refers to the individual holding the phone to or near the user’s ear. “Engaging in a call” refers to talking into or listening on the device, but does not include holding the phone to “activate, deactivate or initiate a function of” the phone. This law then further provides a presumption that a driver holding the phone to or in the “immediate proximity” of his/her ear while the vehicle is in motion is in fact engaging in a call. The motorist has the opportunity then to defend against this presumption.
Article 26 of the New York State Vehicle and Traffic Law covers right of way violations. Two statutes pertain to emergency vehicles and one has recently been modified to apply to hazard vehicles. The obvious goal of the legislature in creating these statutes is to protect the safety of individuals who are in the process of responding to an emergency or who are in a vulnerable position on the side of a road while doing their jobs.
Last week, the Buffalo News reported that a 29-year old driver with 2 prior convictions for DWAI has been charged with DWI in connection with his arrest for driving the wrong way down the Thruway. The question in everyone’s mind is: “if this is his third offense, why wasn’t he charged with a felony?” The defendant is being charged with a misdemeanor, which is considered a crime and is punishable by up to one year in jail, but he won’t be charged with a felony. Here’s why:
As many Western New Yorker’s are aware, there has been a rash of vehicles crashing into buildings in 2011 so far, including the most recent today, September 30th, into the front of Dessert Deli in a busy plaza at Maple and North Forest in Williamsville.
Published in a recent article in the Buffalo News, a Hamburg woman received both jail and probation time for driving under the influence of a narcotic drug with young children in the vehicle. Drinking and driving laws in New York will continue to become more strict each year. Leandra’s Law imposes two new major consequences on defendants convicted of DWI or driving while impaired by drugs with children in the car.
Today, September 27, 2011, The Buffalo News published an article regarding a Buffalo man “charged with running a red light and aggravated unlicensed operation of a motor vehicle following a T-bone crash.” There are critical deadlines to be aware of in the case of all motor vehicle accidents. You have only 30 days from the date of the accident to file a No-Fault Application (NF-2) Form with your insurance company – even if the accident was the other driver’s fault.
Earlier this summer a Buffalo-area physician was charged with drunken driving in the hit-and-run death of a young woman who was struck while skateboarding home in a suburban neighborhood from her job.
On February 16, 2011, the New York State Department of Motor Vehicles announced that it will be imposing a two-point penalty, in addition to the $100 fine already in effect, for drivers caught talking on their hand-held cell phones while driving. New York was the first state in the country to ban hand-held phone use while driving in 2001 in an attempt to decrease the number of driver distracted accidents. Today however, one in five car accidents is driver distraction related. New York is hoping that by adding the points punishment, drivers will obey the laws more seriously.
In November 2009, Governor Paterson signed the Child Passenger Protection Act, also known as Leandra’s Law. The law is named after Leandra Rosada who was eleven years old when she was killed while in a vehicle operated by a friend’s drunken mother. According to New York Defensive Driving Now, the law includes provisions that: