Recent Blog Posts

"Operation Hang Up" Targets Cell Phone Users

Brian Berkowitz — Wed, 25 Apr 2012 11:13:00 GMT

On Monday, April 23, 2012, the New York State Police began "Operation Hang Up", a week long enhanced enforcement campaign designed to target motorists that use their cell phone and other electronic devices while driving.

In an April 21, 2012 press release, New York Governor Andrew Cuomo stated that "[u]sing a cell phone while driving is illegal and puts other motorists in danger." "After the huge success of the first Operation Hang Up – when more than 800 distracted drivers were ticketed – this second campaign will enable State Police to step up enforcement measures to send a clear message to drivers: keep your eyes on the road and your hands on the wheel."

It is reported that 150 people were ticketed in the first 12 hours of this campaign. Since the beginning of 2012, New York State Officials report that 65,081 people have been ticketed for using cell phones and other hand held devices while driving.

The first Operation Hang Up took place last year around Thanksgiving, when State Police ticketed more than 800 drivers. The program is funded through a grant from the National Highway Traffic Safety Administration that was earmarked for anti-distracted driving programs.

"Operation Hang Up" runs from Monday, April 23, 2012 through Sunday, April 29, 2012.

Distracted Driving - Texting While Driving

Brian Berkowitz — Tue, 03 Apr 2012 19:00:00 GMT

Pursuant to the National Highway Traffic Safety Administration, Distracted Driving is described as " any activity that could divert a person's attention away from the primary task of driving. All distractions endanger driver, passenger and bystander safety. These types of distractions include:

Texting
Using a cell phone or smart phone
Eating and drinking
Talking to passengers
Grooming
Reading, including maps
Using a navigation system
Watching a video
Adjusting a radio, CD player or MP3 player

But, because text messaging requires visual, manual and cognitive attention from the driver, it is by far the most alarming distraction." (Citation)

In New York State, Vehicle and Traffic Law Section 1225-d (Use of Portable Electronic Devices) states that "…no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion." Interestingly enough, the term "portable electronic device" is not solely limited to cell phones or smart phones. In fact, Sec. 1225-d(2)(a) defines a "portable electronic device" as a "personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device."

Further, although Section 1225-d is commonly thought of as the "texting while driving" statute, paragraph 2(b) defines the broad term "using" to mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data."

In July 12, 2011, Governor Andrew Cuomo signed upgraded legislation into law making "Texting While Driving" a primary offense meaning that the police can now, in the absence of any other Vehicle and Traffic Law offense, pull over any driver they witness engaging in the conduct listed in Sec. 1225-d of the New York State Vehicle and Traffic Law.

In addition to a maximum fine of $150.00 and a mandatory surcharge, a conviction for this offense (Use of Portable Electronic Devices) also includes three (3) points that will be added to the offender's driving record.

As a Rockland County DWI, Criminal Defense and Traffic Ticket Attorney, I see offenses, such as these in many different contexts. The simplest is the client who is pulled over for Texting While Driving and is issued a ticket for this offense and nothing else.

The more serious matters involve my clients who are stopped for this offense and are later determined to be Driving While Intoxicated or Driving While Impaired by Drugs.

Moreover, I have also seen cases where once stopped, the police, for whatever the reason may be, search the car and discover that the driver is in possession of drugs, marijuana or weapons. In either of these more serious situations, the end product is that what started out as sending a simple text message or talking on the phone escalates into the driver being arrested and facing criminal charges rather than a simple traffic ticket. This law now provides the police with another opportunity to stop your car.

When looking at the types of distractions listed above and those included in Sec. 1225-d of the Vehicle and Traffic Law, take a minute and ask yourself whether or not you have engaged in any of these "distracting" activities and consider the risks of getting into an accident and injuring yourself or another person, receiving a ticket or getting arrested.

www.DistracteddrivingNY.com - Attorney for "Texting While Driving" tickets, Speeding Tickets, DWI and Criminal Defense.

SPRING AHEAD

Brian Berkowitz — Sun, 18 Mar 2012 20:59:00 GMT

Although we had a very mild winter in New York, I can't help but be thankful for the early arrival of Spring. Given the choice of staying inside and hitting the mall or hitting the road with the windows open, for me is a no brainer.

However, I am not alone in this mindset. For the past several weeks, specifically while driving on the local roads, Palisades Interstate Parkway and the New York State Thruway, I have noticed an increase in the presence of police cars situated on the side of the road pulling drivers over for speeding and other violations of Vehicle and Traffic Law.

With this in mind, it is important for drivers to be aware that many of my clients charged with Driving While Intoxicated (DWI) are stopped for simple traffic violations. In these situations, and upon stopping the vehicle, the police generally make the initial observations of the driver leading to a DWI arrest. These observations often include the odor of an alcoholic beverage, glassy eyes, impaired speech and admissions to consuming alcohol.

The driver is then asked to submit to a battery of field sobriety tests and suddenly, due to the consumption of alcohol, walking away with a warning or a Speeding Ticket is no longer an option.

In conclusion, as the warm weather puts more drivers on the road, police departments, in turn, place more police officers on the road; this results in more traffic stops and more DWI arrests. Keeping this in mind and taking steps to avoid getting pulled over and to avoiding drinking and driving will allow us all to spring ahead and enjoy the warm weather and the open road.

Brian Berkowitz is a DWI, Criiminal Defense and Traffic / Speeding Ticket Attorney serving Rockland County and the State of New York.

www.Berklaw.com

Happy Holidays

Brian Berkowitz — Wed, 23 Nov 2011 15:55:00 GMT

The Holiday Season is once again upon us. With all the celebrating, holiday parties and overall good cheer, local and state law enforcement use the night before Thanksgiving, one of the biggest drinking nights of the year, as the unofficial start of the Holiday Season. Typically, this means that drivers should anticipate encountering sobriety checkpoints and increased police presence in the coming days. This also means that it is never too early to consider alternative means of transportation during the Holiday Season; especially if you have been drinking.

Section 1192 of the New York State Vehicle and Traffic Law contains most, if not all, of the sections of the law a driver can be charged with following the operation of a motor vehicle under the influence of alcohol, drugs or both: Driving While Ability Impaired, Driving While Intoxicated, Aggravated Driving While Intoxicated, Driving While Ability Impaired by Drugs and Driving While Ability Impaired by the Combined Influence of Drugs and Alcohol.

In addition, recent legislation, under Kendra's Law, also makes it a felony (even a first offense) to Operate a Motor Vehicle while intoxicated by alcohol or under the influence of drugs and/or alcohol while a child, less than fifteen years old, is a passenger in a motor vehicle.

Although there are many other serious penalties associated with each of the above charges (which are categorized as: traffic infractions, misdemeanors or felonies), in most cases, an arrest of this type will result in the loss of your driving privileges as early as the first Court appearance and a conviction for most misdemeanor and felony charges will result in the requirement that an ignition interlock device be installed and maintained in every vehicle owned or operated by the driver.

Keeping all of the above in mind, taking steps in advance, such as picking a designated driver, storing the telephone number of a local taxi in your cell phone or calling a sober friend for a ride will take the possibility of a DWI arrest out of the equation and allow you to remember this Holiday Season for all the joy it may bring rather than the year you or a loved one were arrested for DWI.

DWI Blog

Rockland County DWI Attorney — Fri, 03 Jun 2011 18:58:00 GMT

Welcome to our DWI blog!