Lavine: Increase Penalties for Texting While Driving

Written by Adina Genn.

Teen drivers caught texting while driving would have their junior permits or probationary licenses suspended or revoked under legislation passed in June by Assemb. Charles Lavine, D-Glen Cove, and his colleagues.

Aimed to improve highway safety by increasing penalties on young and new drivers found texting or using a cell phone while driving, the legislation mirrors the current law for probationary or junior license convictions related to speeding, reckless driving or following another vehicle too closely.

“The numbers indicate that there are too many tragic accidents that occur as the result of young, inexperienced drivers texting or talking on their cell phones. That is a deadly combination,” Lavine said, in a release. “These tragedies can be prevented. The message is clear. Distractions while driving can kill. Cell phone use of any kind is a distraction.”

The legislation covers two different categories of permits and licenses. The first offense for those with a probationary license is a 60-day suspension. The second offense, if it occurs within six months post suspension, is a six-month revocation. To restore the probationary license would require applying again through the Department of Motor Vehicles  and complying with all the necessary requirements.

The first offense for those with a junior permit or license is a 60-day suspension. The second offense, if it occurs within six months post suspension, is a six-month revocation. To restore the junior permit or license requires the same steps of applying through the DMV and complying with all the necessary requirements.

The legislation is an extension of laws enacted earlier this year that increase fines for repeated violations of the cell phone and texting laws by all drivers and further restricts the use of cell phones and personal electronic devices by commercial drivers. Earlier in June, Gov. Andrew Cuomo moved to direct the DMV to institute a five point penalty on the license of drivers found to be in violation of the texting and cell phone laws. This is an increase from three points for a first offense.

Lavine’s office noted that 43 percent of teenage drivers admit they regularly text while driving and according to research from the Pediatric Academic Societies. Between 2005-2011 there has been a 143 percent increase in cell phone-related crashes in New York State and from 2011-2012 there was a 234 percent increase in the number of tickets issued for texting while driving.