Drivers can still be ticketed for using their cell phones, even if they are not actively using them.
AN experienced traffic lawyer has warned drivers of a strict road law that can land them with a cell phone ticket even if they were not using the device.
As states crack down on distracted driving, New York City cops have been writing tickets for a cell phone violation that can cost drivers hundreds of dollars.
The little-known violation is called operation while holding a portable electronic device, Martin A. Kron from traffic law firm Martin A. Kron & Associates, P.C. exclusively told The U.S. Sun.
“First of all, it doesn’t have to be a phone. Second of all, you don’t even have to be talking,” Kron said.
The lawyer explained that if you are holding your phone while driving, you can get ticketed.
“Let’s suppose your phone was in your console and you just picked it up to scratch your back — that’s a violation,” Kron said.
The lawyer continued: “Let’s assume you had a short stop and your phone went in between your gas pedal and your brake, you reached down to pick it up.
“Now you are holding your phone — that’s a violation.”
If you are caught holding a cell phone while driving, you can get a fine upwards of $450.
The maximum fine for a first offense is $200. If you get caught three times within 18 months, the fine can be up to $450, according to the New York Department of Motor Vehicles.
Drivers could also get points on their licenses if they are caught with their phones.
“In New York, the cell phone violation is five points and you get suspended at 11.
“So one of those brings you halfway there,” Kron said.
The lawyer with 37 years of experience also warned of a potential insurance spike.
“You don’t want your insurance company seeing that you’re driving while you’re using your cell phone because they’re gonna see you’re a distracted driver and they’re gonna raise your rates.
“Their risk is higher,” Kron said.
The exception to this violation is if you are making an emergency services call, according to the DMV.
In conclusion, it is crucial for drivers to be aware of the strict road law regarding cell phone use while driving. Holding a portable electronic device, even if it is not a phone and even if you are not talking, can still lead to a violation and a hefty fine. The consequences include fines, license points, and potential insurance rate hikes. It is important for drivers to keep their focus on the road and avoid any distractions that could lead to dangerous situations.
