Can I Use a Cell Phone at a Red Light?

The answer to this question remains a point of disagreement with police officers, attorneys and judges. The majority are of the position that a driver of a non-commercial vehicle is permitted to use a cell phone while stationary at a red light.

Support for this position is as follows: The New York Legislature enacted a law that specifically stated that drivers of commercial vehicles are prohibited from using a cell phone while at a red light. This gives reason to say that if the legislature enacted a law specifically for drivers of commercial vehicles it stands to reason that drivers of non-commercial vehicles are not prohibited from using their cell phones while stationary at a red light.

On the other hand, there remains a danger of using a cellphone while stationary. The idea is that if there is a hazardous situation unfolding you will be oblivious to the danger and will not take steps to avoid the danger that otherwise would have been avoided if you were not using your cell phone. The crux of the issue is the use of the word “operation” in various statutes and how they are interpreted.

A cell phone ticket is serious because it puts 5 points on your driving record. If you received a cell phone ticket it makes sense to reach out to a local and experienced traffic ticket attorney who is probably in the best position to get you out of the 5 points. The Benjamin Goldman Law Office can help you with this. We are a traffic ticket defense firm with extensive experience fighting cell phone tickets. Our firm takes on cases throughout the state from Amherst to Brookyn. You can contact us at your convenience to discuss your case.