Can I Speak To Siri While Driving?

Posted on April 3, 2013 by Matthew Weiss

130318_siri_0078Last week, we discussed whether a motorist stopped at a red light is “in motion” for purpose of New York’s cell phone law under Vehicle And Traffic Law Section 1225-c.  This week we discuss whether using Siri violates the cell phone law or any other New York law.

In People v. Welch, the defendant was observed holding an iPhone to his chin while operating his car.  He was charged with illegally using a mobile phone in violation of VTL Section 1225-c.  Welch admitted he was talking into his iPhone, but claimed that he was merely using its “Siri” feature to activate a call.  Siri is a voice-activated “personal assistant” that can do things such as initiate phone calls and conduct web searches.

Judge Karen Morris of the Brighton Town Court found the defendant credible and said the evidence “rebuts the inference that he was engaged in a call and instead establishes that he was activating a call”.

Judge Morris’ finding was critical because, under Section 1225-c, it is only illegal for a driver in motion to use a mobile phone to “engage in a call”.   Judge Morris concluded that the defendant was not guilty because, under VTL 1225-c, it is not illegal to merely activate a call while driving.

The defendant in Welch was lucky, however.  If he had been charged with VTL 1225-d (New York’s law against texting and driving), then he would clearly have been found guilty.  Using Siri while driving is clearly illegal under VTL 1225-d.  This law prohibits motorist from using any portable electronic device (including the iPhone’s Siri feature) while driving.  Using is defined broadly and includes using Siri while it is in your hands.

A California appellate court in People v. Spriggs recently reached the same conclusion holding that “using” an electronic device includes using a GPS navigator.  The court’s decision further indicates that it would have reached the same conclusion for basically any activity that one could do on a hand-held electronic device including texting and even looking at its clock.

Bottom line: You can speak with your passengers while driving but NOT your Siri, and don’t hold your electronic device while driving.

Posted in Traffic Tickets | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

The Newly-Opened Suffolk County Traffic & Parking Violations Agency – FAQs

Posted on April 1, 2013 by Matthew Weiss
Suffolk County Traffic Violations Agency

Suffolk County Traffic & Parking Violations Agency

I’ve talked about it for quite some time but its finally here.  Starting today (April 1, 2013), all traffic tickets currently returnable at the Suffolk Traffic Violations Bureau in Hauppauge will be heard at the nearby Suffolk County Traffic & Parking Violations Agency, located in the H. Lee Dennison Building, North Entrance, 100 Veterans Memorial Highway, Hauppauge, NY 11788.  The Suffolk County Traffic Violations Bureau (“TVB”) will transfer its pending cases to the new court.

This is good news for motorists because, unlike, the Suffolk TVB, the Suffolk County Traffic & Parking Violations Agency will in most cases engage in plea bargaining.  Plea bargaining affording motorists an opportunity to obtain a favorable result anytime they plead not guilty.

Below are FAQs about this new change for most Suffolk County traffic tickets.

Tickets issued Before April 1, 2013

If a moving violation traffic ticket was issued before April 1, 2013 and is returnable to the NYS DMV “Suffolk Traffic Violations Bureau,” you must answer the ticket with the NYS DMV Traffic Violations Bureau (TVB). If you fail to answer the ticket, your license or privilege to drive in New York State may be suspended. A suspension termination fee may be due regardless of the final disposition of the ticket. If you fail to answer the ticket after you are suspended, you may be convicted of the charge by default; your fine may be increased and an additional suspension termination fee may be due. If convicted by default, you may be subject to driver violation points on your driver record and a Driver Responsibility Assessment fee.

To enter your plea or for more information about your ticket answerable to the Suffolk Traffic Violations Bureau:

Online:
By mail:
Traffic Violations Division Plea Unit
PO Box 2950-ESP
Albany, NY 12220
By phone:
1-518-474-0941
In person:
At any Traffic Violations Bureau office. For office locations visit
the DMV Offices page.

Tickets Issued On or After April 1, 2013

If a ticket is issued on or after April 1, 2013, and is returnable to the “Suffolk County Traffic & Parking Violations Agency,” you must answer the ticket with that Agency. If you fail to answer the ticket, your license or privilege to drive in New York State may be suspended. A suspension termination fee may be due regardless of the final disposition of the ticket.

Answer the ticket to:
Suffolk County Traffic & Parking Violations Agency
H. Lee Dennison Building, North Entrance
100 Veterans Memorial Highway
Hauppauge, NY 11788
(631) 853-3800

What if I am suspended for a Suffolk Traffic Violations Bureau (TVB) ticket?

If you are suspended for a Suffolk Traffic Violations Bureau (TVB) ticket issued before April 1, 2013, contact the NYS DMV Traffic Violations Bureau for more information about how to answer your ticket and pay the suspension termination fee.

What if get a default conviction for a Suffolk TVB ticket?

If you are convicted by default for failure to answer a Suffolk TVB ticket issued before April 1, 2013, you can request to have the ticket reopened. Submit form AA-3.3 (Application to Reopen Default Conviction). You can request that the ticket be reopened only if:

  • You have a valid excuse for that you did not answer the ticket, and
  • You have a meritorious defense to the offense charged.

Can I appeal a conviction from a Suffolk TVB ticket?

If you are convicted of a violation at a hearing held in the Suffolk TVB prior to April 1, 2013, you can appeal the conviction to the DMV Appeals Board. You must appeal within 30 days of the conviction or hearing date. Submit form AA-33 (Traffic Violations Bureau (TVB) Appeal Form).

I received a notice that my ticket was transferred to a different court. What does this mean?

The Suffolk Traffic Violations Bureau permanently closes as of April 1, 2013. So, there will be no venue to contest a TVB ticket that was issued in Suffolk County prior to April 1, 2013. To contest the ticket, you must enter a plea of not guilty, and the ticket will be transferred to the Suffolk County Traffic and Parking Violations Agency. See the information above about how to enter your plea. You will receive notification from that court about your appearance date. If you have any questions you can contact the court at the address listed above.

The address on my ticket is incorrect, how do I update my address information?

You can contact the Traffic Violations Bureau at 518-474-0941 to update your address.

If you have any questions about a Suffolk County traffic ticket, feel free to call us at 212-683-7373.

Posted in Traffic Tickets | Leave a comment

When Does Stopped Mean Moving?

Posted on March 27, 2013 by Matthew Weiss

Screen Shot 2013-03-31 at 9.19.15 AMIn July 2011, I wrote a post entitled “Can I Check My Cell Phone While Stopped At Red Light?” answering this question in the negative because doing so was likely a violation of the Vehicle And Traffic Law.  I predicted that the phrase “in motion” in the cell phone law would be interpreted as prohibiting the use of an electronic device while stopped in traffic.

Recently, the Brighton Traffic Court was faced with this very question and ruled as I forewarned.  Specifically, in People v. Winterhawk, the defendant was charged with violating §1225-c(2a) after a police officer saw him holding a cellphone to his ear while stopped at a traffic light.  The defendant testified that he was listening to his voicemail.

In ruling that the motorist was “in motion”, Justice Karen Morris explained that, unlike someone stopped in a parking spot, a motorist must remain alert even while stopped at a traffic signal.  Judge Morris wrote “Considering the legislative purpose of the statute to protect against accidents, to say that the car is not in motion while paused at a red light does not comport with the reality of the situation”.

It is abundantly clear at this point that, if you need to use your cell phone while in a car, safety and the law mandate that you do so while in a parked position.  In New York, your are still “in motion” even when you’re stopped.

Below in bold is the text for NY’s cell phone law.  Subdivision (2) contains the “in motion” phrase that is discussed above.

1. For purposes of this section, the following terms shall mean: 

(a) “Mobile telephone” shall mean the device used by subscribers and other users of wireless telephone service to access such service. 
(b) “Wireless telephone service” shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. S 20.3. 
(c) “Using” shall mean holding a mobile telephone to, or in the immediate proximity of, the user’s ear. 
(d) “Hand-held mobile telephone” shall mean a mobile telephone with which a user engages in a call using at least one hand. 
(e) “Hands-free mobile telephone” shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone. 
(f) “Engage in a call” shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone. 
(g) “Immediate proximity” shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator’s ear. 

2. (a) Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion. (b) An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. (c) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.

3. Subdivision two of this section shall not apply to (a) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician’s office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter, or (c) the use of a hands-free mobile telephone.

4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of up to one hundred dollars.

 

Posted in Traffic Tickets | Tagged , , , , , , , , , , , , | Leave a comment

Woman Issued Ticket For Driving 2 MPH Under The Limit?!?

Posted on March 20, 2013 by Matthew Weiss

Screen Shot 2013-03-14 at 7.53.36 AMA Maryland woman was recently ticketed for going 63/65 on Interstate 95, as reported by an NBC affiliate.  The police explained that she was driving in the left lane reserved for speedier commuters.

The woman said:  “[I was] really shocked”. “I thought, ‘Oh my God, you’ve got to be kidding me.’”  The woman added that the area was experiencing heavy winds at the time and she was trying to drive safe.

In New York, it is illegal to drive too slow under VTL 1181.  A violation of this statute carries 3 points and roughly a $150 fine.   However, this unfortunate driver would not have violated the minimum speed law by her actions because she was not unreasonably impeding traffic.  Below is the applicable statutory language.  In fact, how could anyone proceeding at only 2 mph under the limit be charged with driving too slow?

Vehicle And Traffic Law Section 1181(a) states: “No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.”  

Posted in Traffic Tickets | Tagged , , , , , , , , , | Leave a comment

Will My Insurance Rates Go Up From A Traffic Ticket?

Posted on March 13, 2013 by Matthew Weiss

UnknownA recent survey of American drivers conducted by InsuranceQuotes.com surprisingly concluded that only 31 percent of the participants who had received a traffic ticket within the last 5 years were paying more for car insurance.  In New York, the interplay between traffic tickets and insurance rates is easy to understand.

Under Insurance Law Section 2335, New York auto insurance companies can raise a driver’s insurance rates for a number of reasons. The ones involving the issuance of a moving violation are set forth below:

  • Driver is convicted of driving sixteen (16) miles per hour (or more) over the limit
  • Driver has been convicted of speeding and/or reckless driving on 3 or more occasions
  • Driver has been convicted of speeding or reckless driving where injury or death results
  • Driver is convicted of driving while intoxicated or impaired (alcohol or drugs)
  • Driver is convicted of leaving the scene of an accident without reporting it
  • Driver is convicted or 2 or more moving violations that are not listed above

So what does this mean?  If you convicted of any of the above offenses, then an insurance company can raise your rates.  It is not mandatory, however.

For a driver with a clean record (i.e., no points, no accidents), a conviction to just one “small” moving violations (i.e., those not listed above) will NOT result in your insurance rates being raised.  Examples of such offenses are speeding (15 mph or less), disobeying a stop sign, running a red light, failing to signal and making an improper turn.  A second conviction, however, for a “small” offense can be used against you to increase your rates.

The InsuranceQuotes survey also discussed why a motorist’s rates may not be raised due to a traffic ticket (even if the insurance company has the right to raise them).  It explained that it is expensive for insurance companies to run driving records for all of its insureds and that, if an insured has no accident or claims, they are not likely to bother to do so for renewing insureds.  On the other hand, for those applying for new coverage, they almost always run their records.

With that said, we still recommend to our clients that they fight any of the charges listed above because, if their rates were to be raised, it would be expensive, the effects of such a raise lasting for 36 months.

Posted in Traffic Tickets | Tagged , , , , , , , , , , , | 3 Comments

Be Alert When Driving The First Day After The “Spring Forward” Daylight Savings Change

Posted on March 10, 2013 by Matthew Weiss

imagesBe careful driving the first daylight savings commute.

Traffic accidents tend to spike on this day due to drowsy motorists and dark morning driving conditions.  Studies have found an 8 to 17% spike in accidents on the Monday following the “Spring back” daylight savings time change.

Posted in Traffic Tickets | Tagged , , , , , , , , , , , , | Leave a comment

Go To Jail For Drinking A Beer (Or For Some Other Pink Summons)!?

Posted on March 6, 2013 by Matthew Weiss

0-2As many as 1 in 8 New York City residents have a warrant issued for his or her arrest for failing to answer a pink summons, as recently reported by the Daily News.  If picked-up on such a warrant, the person will likely spend 24 to 48 hours locked up waiting for his or her paperwork to be processed and see a judge.

In New York City, police officers will issue a pink-colored summons for various low-level criminal matters as well as certain violations.  The most commonly issued pink tickets are for having an open container of alcohol in public, reckless driving, possession of marijuana, littering, riding a bicycle on the sidewalk, loitering, excessive noise and trespassing.

A pink summons that charges someone with a misdemeanor is very serious.  If the defendant of such a charge is found guilty, then he or she will have a permanent criminal record.  Further, some pink ticket charges carry DMV points and can adversely affect a person’s employment or auto insurance rates.  Foreigners should also treat such tickets seriously because they can affect their immigration status or ability to become naturalized.  Finally, anyone who has or wants to get some type of license should be careful about how they treat such tickets.

Sometimes a pink summons is issued to a corporation. These charges usually involve the operation of one of its trucks, such as uncovered load, no log book, overweight, and overlength.  A corporate pink summons MUST be answered by a New York lawyer.   The court will not allow a non-lawyer (even if an owner, officer or manager of the corporation) to defend or resolve a pink summons.

Pink tickets must be resolved in person.  This means that either the defendant (if not a corporation) or a lawyer must appear to answer the charge.  The pink summons cannot be resolved online or through the mail.  The date of the court appearance is written on the bottom of the front of the ticket.  On the court date, the defendant or his or her attorney can seek a dismissal if the charge written out by the officer on the original summons filed with the court is insufficient, or the officer fails to sign or date the original summons.  If the case cannot be dismissed, then often a plea bargain (a negotiated reduction to a lesser charge in exchange for a guilty plea) can be worked out.   The fine for a pink summons is between $25 and $500.

If you fail to appear on your court date or pay a fine that has been imposed, then a warrant will be issued for your arrest and you can spend time in jail waiting for your case to be heard.  In Manhattan, there are almost 300,000 open warrants, in Staten Island there are over 30,000, and over 200,000 open warrants issued in each of the other three boroughs (Bronx Brooklyn and Queens).  If you have a warrant (or believe that you may have a warrant), you can avoid being arrested by appearing voluntarily and asking to see a judge.  It is rare that a judge will incarcerate you when you have voluntarily appeared to lift your warrant.

Below is a list of courts in New York City in which pink tickets are resolved.

Manhattan (New York) Criminal Court
, 346 Broadway,
New York, NY 10013

New York Midtown Community Court
, 314 West 54th Street,
New York, NY 10019

Queens Criminal Court
, 120-55 Queens Blvd,
Kew Gardens, NY 11375

Bronx Criminal Court
, 215 East 161st Street,
Bronx, NY 10451

Kings (Brooklyn) Criminal Court, 
120 Schermerhorn Street,
Brooklyn, NY 11201

Kings (Brooklyn) Community Court, 
88-94 Visitation Place,
Red Hook, NY 11201

Richmond (Staten Island) Criminal Court, 
67 Targee Street,
Staten Island, NY 10301

Posted in Traffic Tickets | Tagged , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Google Glass Should Be Illegal

Posted on February 27, 2013 by Matthew Weiss

Screen Shot 2013-02-24 at 2.06.40 PMGoogle Glass is a computer in the form of eyeglasses.  It contains a lens that displays information in a smartphone-like format, and can interact with the Internet via voice commands.  The technology looks great and likely will spawn a new industry of wearable clothing and accessories that interact with the internet.

Admittedly, I’ve never seen a pair in person.  However, I don’t need to have worn a pair to know that drivers should never wear them while operating a motor vehicle.  The dangers of distracted driving are well known (almost 20% of all car accidents involve distracted driving), and certainly watching a tiny screen in your eyewear while driving a car would is extremely dangerous.

Under current New York law, using Google Glass while driving would not be illegal.  The two statutes that govern distracted driving in New York are Vehicle and Traffic Law 1225-c and 1225-d.  Section 1225-c makes it illegal to drive while using a cell phone without a hands-free device.  Section 1225-d restricts drivers from using an electronic device that he or she is “holding”.  Neither makes it illegal to drive while using Google Glass in the opinion of this NY traffic lawyer.

It took over a decade (and many accidents) for the NY Legislature to outlaw texting and driving.   There is no reason to wait until Google Glass is actually released (let alone until someone is hurt) to limit its use.  The definition of “use” in Section 1225-d could be expanded to include electronic devices that are worn or attached to a person.  The New York Legislature should prophylactically enact legislation now to restrict drivers from wearing or using Google Glass while operating motor vehicles.

Posted in Traffic Tickets | Tagged , , , , , , , , , , , , , , | 4 Comments

What The New NYC Parking Signs Do Not Tell You

Posted on February 20, 2013 by Matthew Weiss

Screen Shot 2013-01-13 at 6.45.49 PM

New York City recently started replacing its parking signs with ones that are simpler and easier to read.   Motorists should still be wary of red signs and welcoming to green ones, and they should still read from top to bottom.  However, the information is now more concise and the layout is more consistent.

The below green sign clearly allows six-hour metered parking for passenger cars from 6 pm to midnight on weekdays, and from 8 am to midnight on Saturdays.  The  below red sign allows commercial vehicles to park up to 3 hours between 7 am to 6 pm during weekdays (if they “feed” the meter).

But, what is interesting, is what these signs do NOT state.  Below is the list of these omitted items:

Screen Shot 2013-02-18 at 10.01.23 AM

  • In the sample signs to the left, you may park for as long as you want and without a Muni Meter receipt (i.e., for free) from midnight to 7 am on weekdays, from midnight to 8 am on Saturdays, and all day on Sundays
  • During the “commercial vehicles only” time period, motorists can still stop temporarily to drop off and pick up passengers (but not passengers AND property).  Don’t forget you must stop, drop and go.  You cannot wait while the passenger walks to his or her building.
  • You get a 5-minute grace period to walk to and from a Muni Meter to purchase parking time and place the receipt on your dashboard.
  • You get a 5-minute grace period to return AFTER time expires

The initial installation of 6,300 signs, started in midtown Manhattan, the Upper East Side, Lower Manhattan, and the Financial District.  With other areas to roll out thereafter.

 

Posted in Parking Tickets | Tagged , , , , , , | Leave a comment

Electric Car Parking Spots Coming To NYC

Posted on February 14, 2013 by Matthew Weiss

Screen Shot 2013-02-14 at 8.12.48 AMNYC Mayor Michael Bloomberg announced today the city will create parking spots with curbside electric vehicle chargers.  Over the next 7 years, up to 20 percent of new public parking spaces will be wired for electric cars with the goal of creating 10,000 spaces.

The municipal charging stations will allow drivers to charge their vehicles in 30 minutes.  Bloomberg’s goal is to “make New York City a national leader in electric vehicles”.

Electric vehicles are already entitled to use the Long Island Expressway HOV lanes under the Clean Pass Program so maybe it’s time to get a Toyota Prius, Chevrolet Volt, or even a Tesla Model X.

Posted in New York Traffic Congestion | Tagged , , , , , , , , , , , , | Leave a comment