New York Driving Law

Sad news out of Morris, New York in Otsego County where 31 year old Trooper Jill Mattice was killed in a collision with a tractor-trailer.  She was a six year veteran assigned to the Oneonta barracks.  My thoughts and prayers to her family and collegues.  Reportedly, she was the first female NY Trooper killed in the line of duty.

According to the preliminary investigation, Mattice was in the eastbound lane when for unknown reasons she crossed the center line at a slight curve in the road. Her car then sideswiped the westbound tractor-trailer, Troop C State Police Maj. Kevin C. Molinari said.  It was also noted that police have not ruled out the possibility she may have been using her cell phone or texting at the time of the crash.

In my Traffic Law practice, I interact with NY Troopers on a regular basis.  This is especially true in courts such as Stafford Town Court where the Troopers still prosecute their own tickets.  To a person, with few exceptions, NY Troopers are professionals who put their lives on the line every day fro the protection of NY residents.  While most of my clients see these men and women in an adversarial position - a ticket or an arrest - I respect the work of the Troopers.

Last Thursday, Gov. David Patterson (D) signed a Bill banning texting from hand-held devices while operating a motor vehicle.  Starting November 1, 2009, this conduct will be penalized with a maximum fine of $150.00. 

The dangers of such activity are clearly self-evident.  The case that comes to my mind occurred several years ago when five high school cheerleaders from Fairport, NY were killed in a tragic accident with a tractor-trailer.  The driver of the cheerleaders’ vehicle crossed the median and hit the truck head-on at high speed.  It was suspected the high school aged driver had been texting (reading or writing) just prior to the collision.

In a study recently conducted by The Virginia Tech Transportation Institution, truckers sending text messages while driving are 23 times likelier to cause a crash or near-crash than  truckers who are not texting, according to The New York Times. In light of these findings, the Governors Highway Safety Association is pushing the ban against texting while driving at the national level. This organization of state highway safety officials hope to “change the culture that has permitted distracted driving,” according to Vernon F. Betkey Jr., chairman of the association.

In Utah, causing an accident while texting is no longer considered an “accident”.  It is on par with drunk driving, an act of willful negligence.  Drivers who are pulled over for texting face steep fines.  Drivers who are involved in accidents involving serious injury or death can face jail terms of up to 15 years.

Clearly, the New York state-wide ban is a good idea.  As technology changes, so do the dangers when connected with other activities. Problems will remain convincing our younger drivers in the 16 to 25 year old range that this type of activity is dangerous.  Early driver education will be crucial in this regard.  Another problem is in the enforcement of the ban. 

From a traffic law attorney’s perspective, the defense of such violations may be difficult.  Most assistant District Attorneys I have cases with will not negotiate or reduce such violations because there are no “points” associated with the violations.  An example is a ticket for talking on a hand-held device while driving.  There are exceptions or defenses (ie. an emergency) but these are rare. 

HTH, but YVMV.

A bus driver in San Antonio is caught on camera while driving and texting.  Crash ensues.  Go figure.

Bus Driver Texting and Crash