I am sure no one has missed the new signs on the highway flashing that you may not text and drive or risk high fines and 5 points on your license.  And certainly, there is good reason for the law.  However, did you know that as long as your car is not in motion, it is not against the law to text?  Specifically, paragraph 1 of Section 1225-d of the Vehicle & Traffic Law states that no person shall operate a motor vehicle while using any portable or electronic device while such vehicle is in motion.

The same is true of making a call.  Section 1225-c of the Vehicle & Traffic Law prohibits operators of a motor vehicle to use a mobile telephone unless it is hands free.  However, the law only requires operators of a motor vehicle to have a hands free device while such vehicle is in motion.

It should be noted that there are new regulations coming out at the end of October that operators of commercial vehicles may not make a call without a hands free device or text irrespective of whether the vehicle is in motion.

Therefore, as long as you are not operating a commercial vehicle, you are not breaking the law if you are stopped at a red light and send a text or make a quick call.

Heather LaDieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.