Author Archives: James Tyner

New Distracted Driving Rules Proposed in NJ

In New Jersey, lawmakers have proposed a major expansion of the state’s ban on driving while using a cell phone. State legislators are now seeking to ban any behavior that could be classified as “distracted driving.”

NY and NJ are already among 12 states that prohibit the use of cell phones while driving. However, the dangers of distracted driving go beyond cell phone use while driving. Distracted driving endangers everyone, including drivers, passengers, and bystanders. According to the National Highway Traffic Safety Administration (NHTSA), in 2011, more than 3,000 people were killed in traffic accidents involving a distracted driver, while 21,000 people were injured in a crash involving a driver who used a cell phone. Distracted driving is a particular problem for younger drivers. According to the NHTSA, 11 percent of all fatal accidents involving drivers under the age of 20 were caused by distracted driving. If you’ve been involved in a traffic accident in, do not hesitate to contact an experienced traffic defense lawyer at the Law Office of James E. Tyner, PLLC or call 866-642-3807 for a free initial consultation.

New Proposal to Expand the NJ Ban on Driving While Using Cell Phones

Recently, John Wisniewski, the chairman of the Assembly Transportation Committee, sponsored a bill that calls for police officers to ticket drivers who engage in “any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle on a public road or highway.” The law would authorize NJ traffic officers to pull over drivers engaging in a variety of behaviors, including eating or smoking. In a show of overwhelming support for the proposal, the transportation committee voted 12-0 in favor of the bill.

The legislation seeks to widen the scope of what constitutes “distracted driving” in New Jersey. The penalties for distracted driving would still be determined by the number of previous offenses:

First Offense: $200 fine for a first offense.

Second Offense: $400 to $600 fine for a second offense.

Third Offense: $600 to $800 fine for a third or subsequent offense. Additionally, a third offense could result in suspension of a person’s driver’s license.

Although NJ police officers can already cite drivers for reckless driving or careless driving, proponents of the new bill say that officers are reluctant to cite those more serious traffic violations because they fear the violations might not hold up under scrutiny in court.

Can I Be Ticketed for Eating While I Drive

There is a debate raging among the bill’s advocates and detractors. Since the bill does not list the activities that constitute “distracted driving,” the ultimate determination of what constitutes “distracted driving” will be left up to NJ police officers. This has led some, including the New Jersey Motorists Association, to criticize the bill for being too vague. Assemblyman Wisniewski counters that it will be easy to limit the scope of the legislation because distracted driving means “not watching the road.”

Of course, the debate over the scope of the bill raises slippery-slope concerns. What if an observer perceives a driver gazing out the car window? Looking at a map? Adjusting the dial on the car radio? Will these be considered infractions?

Although the bill was approved by the Assembly Transportation Committee, it has not yet been introduced in the NJ Senate. The proposed law will not be sent to the governor’s desk unless it is first approved by the senate. Ultimately, the concerns about the bill will have to be addressed before it becomes the law in New Jersey.

If you have been ticketed for distracted driving or any other traffic offense, contact the Law Office of James E. Tyner, PLLC for guidance and representation. Call 866-642-3807 for a free initial consultation.

New York is Cracking Down on Driving While Texting

Text Messaging by Drivers Poses a Serious Threat to the Safety of Everyone Who Uses the Roads

Distracted driving is a major problem in NY. It may pose a greater risk to public safety than driving while drunk. According to Gov. Cuomo’s Office, in 2011 there were more than 25,000 fatal and personal injury crashes because of distracted driving, compared to less than 5,000 such crashes caused by alcohol-related driving.

Drivers can be distracted by many things, such as eating, reading maps, using a navigation system, adjusting the radio, or using a cell phone. In particular, text messaging by drivers poses a serious threat to the safety of everyone who uses the roads.

Text messaging is one of the most dangerous habits of distracted drivers because it requires different aspects of a driver’s attention:

Visual attention: The driver must take his or her eyes off the road to read a text.
Manual attention: The driver must take his or her hands off the wheel in order to send a text.
Cognitive attention: The driver’s mind necessarily wanders while texting.

Text messaging distracts the driver from what should be his or her primary task of driving safely. According to the Virginia Tech Transportation Institute, sending or receiving a text requires a driver’s eyes to shift focus away from the road for an average of 4.6 seconds. To put this in perspective, if the vehicle is traveling at 55 miles per hour, a texting driver is effectively closing his or her eyes while driving the length of a football field.

New York Cracking Down on Driving While Texting

NY is one of 41 states that currently ban driving while texting. Recently, the crackdown on driving while texting in NY has involved a number of initiatives:

Earlier this year, Governor Cuomo directed the DMV to toughen penalties for texting and driving, increasing fines for the use of handheld electronic devices while driving.
NY imposed new penalties for young drivers who text while driving, increasing the periods of license suspension for young and new drivers convicted of distracted driving.
The state has budgeted $1 million to fund a campaign warning against the use of cell phones while driving.
NY state troopers began using Concealed Identity Traffic Enforcement (CITE) vehicles to crack down on drivers who use cell phones. The CITE vehicles are unmarked and raised higher off the ground, allowing troopers to remain hidden while looking down into other cars.
Last year, NY state troopers issued more than 30,000 tickets for driving while texting.

Texting Zones: A New Initiative to Prevent Driving While Texting

NY has an inventive new strategy to prevent driving while texting. The campaign against distracted driving in NY now includes dedicated “texting zones.”

Almost 300 signs directing drivers to “text stops” will be placed along major state highways. The bright blue signs will include messages such as “It can wait: text stop in 5 miles.” The signs will direct drivers to 91 special “texting zones” at various stops along the highways.

The text-stop signs will enhance public awareness of the dangers of driving while texting and alert drivers to the possibility of being ticketed for driving while texting, while the texting zones will provide an accommodation for drivers who might otherwise be distracted by their handheld devices while driving. Not unlike highway rest stops, the texting zones will function as sites for potentially distracted drivers to pull over and take a break from driving.

If you have been ticketing for driving while texting, contact the Law Office of James E. Tyner, PLLC online or call 866-642-3807.

New York Texting Zones: A New Initiative to Prevent Driving While Texting

New York has an inventive new strategy to prevent driving while texting. The campaign against distracted driving in NY now includes dedicated “texting zones.”

Text Messaging by Drivers Poses a Serious Threat to the Safety of Everyone Who Uses the Roads

Distracted driving is a major problem in NY. It may pose a greater risk to public safety than driving while drunk. According to NY Gov. Andrew Cuomo’s Office, in 2011 there were more than 25,000 fatal and personal injury crashes because of distracted driving, compared to less than 5,000 such crashes caused by alcohol-related driving.

Text messaging is one of the most dangerous habits of distracted drivers because it requires different aspects of a driver’s attention:

Visual attention. The driver must take his or her eyes off the road to read a text.
Manual attention. The driver must take his or her hands off the wheel in order to send a text.
Cognitive attention. The driver’s mind wanders while texting.

NY is one of 41 states that currently ban driving while texting. Recently, the crackdown on driving while texting in NY has involved a number of initiatives:

Earlier this year, Gov. Cuomo directed the DMV to toughen penalties for texting and driving, increasing fines for the use of handheld electronic devices while driving.
NY imposed new penalties for young drivers who text while driving, increasing the periods of license suspension for young and new drivers convicted of distracted driving.
The state has budgeted $1 million to fund a campaign warning against the use of cell phones while driving.
NY state troopers began using Concealed Identity Traffic Enforcement (CITE) vehicles to crack down on drivers who use cell phones. The CITE vehicles are unmarked and raised higher off the ground, allowing troopers to remain hidden while looking down into other cars.
Last year, NY state troopers issued more than 30,000 tickets for driving while texting.

If you have been ticketed for driving while texting, call the Law Office of James E. Tyner, PLLC at 866-642-3807.

NYC Drivers in Fatal Cycling Crashes Receive No Criminal Charges

Recently, a New York Times editorial stimulated a great deal of debate by asking, “Is it okay to kill cyclists?” In the piece, Daniel Duane, a contributing editor for Men’s Journal, made the point that drivers who kill cyclists are likely to escape criminal liability.

Cyclists are being injured and killed on the roads in huge numbers. According to the National Highway Traffic Safety Administration, in 2011, nearly 700 lives were lost in accidents involving a bicycle and a car, while 38,000 cyclists suffered injuries in traffic accidents. The cause is just as important as the effect. Duane references studies that suggest that drivers are at fault in more than half of all cycling deaths.

Pedestrians are also not immune from safety risks. According to a 2011 report by national transit advocacy group Transportation for America, NY ranked first among major metropolitan areas in pedestrian deaths caused by traffic accidents. This followed on the heels of a landmark study commissioned by New York City that found that pedestrians are 10 times more likely to die than a motor vehicle occupant in the event of a crash.

Cyclists, pedestrians, and motorcyclists are all at risk because they fall into the category of “vulnerable road users.” According to the New York City Pedestrian Safety Study, vulnerable road users account for 71 percent of all NYC traffic fatalities.

Cyclists Not Protected on NY Roads

“There’s a joke from New York that maybe isn’t very funny: If you want to kill someone and get away with it, use a car.”

–Elizabeth Stamp, executive director of Walk San Francisco

Far too often, drivers face no criminal charges for fatal accidents involving cyclists. This is true even when the driver is at fault. When a driver is prosecuted, the punishment imposed is often light. A driver who kills a cyclist on the road typically receives a minor traffic citation. A driver may be fined or perhaps receive community service; however, there will be no meaningful penalties for offenders because prosecutors are reluctant to seek jail time unless the accident was caused by drunk driving or reckless driving.

If you have been involved in a traffic accident in NY, contact an experienced traffic defense lawyer at the Law Office of James E. Tyner, PLLC. For free initial consultation call: 866-642-3807.