Since New York’s distracted driver went into effect earlier this month, I have been asked a multiple times about whether a driver can read or write a text (or email) while stopped at a red light.
The short answer is “no”. The new law prohibits using an electronic device while your car is “in motion”. 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).
About Matthew Weiss
Matthew J. Weiss, Esq. loves fighting any traffic ticket or speeding ticket issued anywhere in New York. He graduated Hofstra Law School in 1984. He was Law Review and won the law school's prestigious Procedure Award. Upon graduation, he became one of the first Hofstra Law School graduates to work at the New York State Court of Appeals (New York State's highest court) working on various appellate matters.
Mr. Weiss then worked for two years at Rivkin, Radler, Bayh, Hart & Kremer, a 200-plus attorney law firm, representing various clients, such as municipalities, insurance companies and large corporations, in various litigation matters. He also continued to do substantial appellate work.
In 1991, Mr. Weiss co-founded his private law practice eventually buying out his former partner in 2000. Through the years, Weiss & Associates, PC has successfully resolved 1,000s of traffic tickets and trucking tickets for its clients by way of dismissal or plea bargain. Mr. Weiss has written many articles on vehicle and traffic law, and lectures other lawyers on this subject. His blog "Confessions Of A Traffic Lawyer" regularly discussions various vehicle and traffic law issues.
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