August, 2009

From the mailbag:

Dear Gridlock Sam,
Can I use my cell phone while I’m stopped at a light to send or read a text or do something with my phone, as long as I am not using it while the car is in motion? I have a smartphone so I might also pull up the weather for instance while I’m at a red light. As long as I put the phone down before the car moves, am I breaking the law?

Random via e-mail

Dear Random,
I consulted with a top judge at the Traffic Violations Bureau who referred me to Section 1225-c 2 (a) of the NYS Vehicle and Traffic Laws, which specifies, “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.” His interpretation is that a vehicle stopped is not in motion, and therefore you would not be in violation. He also said many cops and even some judges are of a different opinion. Hopefully after reading this, they’ll all get on the same page.

Gridlock Sam

Dear Gridlock Sam,
In response to yesterday’s column about how you’re allowed to use your cell phone while stopped at a light since the car is not in motion is wrong. I’m an attorney upstate and we prosecute offenders for using their cell phones unless they are actually parked or in a parking lot. A vehicle stopped at a light is in the right of way (or in a position to proceed in a lawful manner).

An Upstate Attorney

Dear U.A.,
I love the law; two lawyers can read the same thing and be of different opinions. I also love my readers so thank you for sharing your experience. A ranking downstate judge was just as emphatic as you in saying it is not a violation to be holding and speaking on a cell phone while stopped at a light. I’d be happy to broker a meeting between Up and Down State to have clear guidelines for the entire state. In the meantime to play it safe, drivers shouldn't be using hand-held cell phones even while stopped at traffic lights.

Gridlock Sam

Dear Gridlock Sam,
Regardless of the law concerning cell phone use in a motor vehicle, the message that should be trumpeted is for common sense to prevail. Even at a stop light or idle, your attention should be on your vehicle, the safety of its occupants and everything around you that could potentially impact the safe operation of your car. If you’re behind the wheel, you’re operating a vehicle and should be able to react to any circumstance in a moment’s notice, especially in an area like NYC. People should never use any device that takes away from their full attention to the safe operation of a vehicle.

Joe Trumbull, CT

Dear Joe,
I couldn't say it better myself! No matter what the law says, listen to Joe and pull over if you need to text or make a phone call. At the moment, texting is not illegal in NY state but is about to be. Handheld phone calls are illegal but studies show drivers using hands-free devices are just as distracted during driving. The dispute in my mailbag has to do with the precise law. Police officers and some courts are in disagreement as to what constitutes a “vehicle in motion.” Some say cars stopped at lights are in motion while others say the vehicle must be moving. The debate rages on. Stay tuned!

Gridlock Sam

Dear Gridlock Sam,
In response to the debate regarding talking on your cell phone while at a red light, I throw in this thought; When the light changes, are you really going to hang up immediately?

Milton, Brooklyn

Dear Milton,
I see your point, but you have to hang up or risk a ticket and a conviction. I underline conviction because in New York City, some judges will dismiss the ticket if you were stopped at a light and received a summons (cops are still giving them out at lights). Upstate, most people are being convicted based on recent feedback I’ve received. As the saga continues, I spoke to the New York State Department of Motor Vehicles up in Albany. Their legal team says that the vehicle must be in motion and a vehicle stopped at a red light is not considered to be in motion. But, no matter what the law is, it’s still safer to pull over and/or park to make a call. More to come next week!

Gridlock Sam

Dear Gridlock Sam,
After seeing you address cell phone usage while the car is stopped, I post the same question regarding seat belt usage. Is it a violation to release the seat belt while the car is stopped at a red light? Must the officer observe the violation while the car is in motion?

David via e-mail

Dear David, Unlike the debate on cell phone usage while stopped at a light, all my sources say “guilty” when not using a seat belt at a light. One reason given is that you can be rear-ended while stopped. Another reason is that enforcement is easiest when vehicles are stopped. If you must make an adjustment to your seat belt, pull over or at least keep the shoulder portion on while you re-belt.

Gridlock Sam

Dear Gridlock Sam,
The answer to the question, “are you in violation of the law if using your phone while stopped at a light,” is yes. I’ve been with NYPD for thirty years, and I’ve seen many DWI cases. The law is the same. The second you put your key in the ignition and start the engine, you are operating the vehicle, whether or not it’s in motion. When a person is distracted – be it by alcohol or cell phone – that person is breaking the Vehicle and Traffic Laws.

NYPD Detective, Brooklyn

Dear Detective,
I appreciate your take on this, and it helped me get to the nut of the issue. The DWI law states you may not operate a vehicle while under the influence with no reference to having to be “in motion.” But, the cell phone law says you may not “use a mobile telephone to engage in a call while such vehicle is in motion.” The Downstate judges say that a car stopped at a light is not in motion while Upstate judges say it is. This saga continues…

Gridlock Sam

Dear Readers,
Please join me in offering best wishes to NYPD Inspector Richard Graf on his retirement after 40+ years on the job. Richie has been a big help to me in sorting out the traffic gridlock, especially in Queens.

Gridlock Sam

Dear Gridlock Sam,
If the Brooklyn Detective comparing cell phone usage to driving while intoxicated considers being stopped at a light and using a cell phone a violation of the law, then I suppose we would be in violation if we pull over to the side of the road and use the cell phone. The fact the key is in the ignition should not be the deciding factor in whether a person is operating the vehicle or not. It’s a very slippery slope. It appears on the surface the detective is searching for another reason to pull over and ticket a taxpayer.

Paul via e-mail

Dear Paul,
Thanks for your response. Let me respond by saying I think the detective, yourself and both judges can agree the cell phone law is in need of further tinkering and clarification. I also believe the detective’s intentions were pure in wanting to keep distracted drivers off the road. But with varying interpretations from all over the judicial spectrum, it’s a crap shoot when it comes to enforcement of the cell phone statute at red lights.

Gridlock Sam

Dear readers,
Below is the detective’s response to Paul’s letter on cell phone usage, exactly the kind of discourse I intended when I started this column many years ago.

Dear Gridlock Sam,
Forgive me if I sound angry, but I find Paul's response to my letter a bit disturbing. I don’t give out summonses for cell phone use. I am here to protect the taxpayer, because I’ve seen the effects of cell phone use while driving. Case in point: A woman pulled over to use her cell phone on the parkway. After she finished, she attempted to reenter the flow of traffic, getting into an accident and losing her left arm in the process. Needless to say she did not get a ticket, but accidents like these can be preventable if only the driver would give his/her full attention to the operation of their vehicle.

NYPD Detective, Brooklyn