Bill Would Require New York Drivers to Hand Over Phones After Crashes

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distracted drivingA New York Senator has recently introduced a bill that, if passed, would dramatically increase the enforcement of New York’s distracted driving laws. Commonly referred to as Evan’s Law, the proposed bill is named after a 19-year-old boy who was killed by a distracted driver in 2011. Though the driver claimed that he had fallen asleep at the wheel, it was revealed later that he had in fact been using his cell phone when he crashed into Evan’s vehicle.

The bill aims to detect, punish, and discourage distracted driving by requiring drivers who are involved in accidents to immediately hand over their cell phones or have their licenses suspended. Analysis of the information will be accomplished through the use of a Textalyzer, a newly developed device that can determine the times a cell phone was in use.

Though the device can operate without accessing any of the data on the phone, many have raised concerns that the use of a Textalyzer would infringe on people’s 4th Amendment right to privacy. Opponents of the bill believe that while the intent behind the proposed bill is is good, it is impractical and would invite numerous legal issues.

In an age where people have trouble tearing their eyes away from their phones, enforcement of distracted driving laws has become a priority nationwide. In New York, those caught driving while talking, texting, or using any other app on an electronic device faces severe penalties, including 5 points added to their driver’s license, increased insurance rates, and possible license suspension.

If you or a loved one has been ticketed for driving while distracted, contact an attorney to advocate for your rights. Adam H. Rosenblum of the Rosenblum Law is a skilled attorney experienced in defending people against traffic tickets and criminal charges in New York and New Jersey. Email him or call 1-888-203-2619 today for a free consultation.

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This post was written by Adam H. Rosenblum Esq.

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