12 Jun Can I use a cell phone at a red light in Long island
- If you are driving a commercial vehicle then no. If you are driving a regular vehicle then the answer is probably.
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 sitting at a red light.
Support for this position is as follows: The New York Legislature recently enacted a law specifically stated that drives 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 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 very serious because it is 5 points. 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.
Written By: Benjamin Goldman, An Award Winning Traffic Lawyer in Long Island.
The Benjamin Goldman Law Office, 1056 Nielsen Street Suite 4c, Far Rockaway, NY 11691 Phone: (516) 350-0774