Regional August 14, 2009 2:30 PM

Texting While Driving: This Wasn't on the Books Already?

Texting While Driving: This Wasn’t on the Books Already?

While statewide legislation is pending in Albany concerning texting while driving, some local and state politicians are looking to make the laws even more stringent on the local level.  Though the law pending in Albany would prohibit the act of sending or receiving a text while driving, the act of texting is being looked at as a second violation, one that would garner a fine only on the basis of being stopped for other reasons. 

How many times have you been stuck behind a stationary car when the light turns green because the driver in front of you is typing on their phones and PDA's?  The temptation is to sneak a peek every time a text or email comes in, but if talking on the phone is illegal because it takes your hand/mind off the road, the idea of taking one's eyes off the road is far more unsettling, and a county sheriff in the Channel 4 video below, says that texting increases the chance of an accident by 60 percent.


Erie County Legislators Timothy M. Wroblewski (D-West Seneca, South Cheektowaga) and Timothy M. Kennedy (D-South Buffalo, South Cheektowaga) are introducing the local law which is being backed by State Assemblyman Mark J.F. Schroeder (D-Buffalo), who also supports toughening anti-texting laws.  They want to make it a primary offense that would carry a $150 fine.

"The purpose of this local law is to provide for and to protect the public safety of Erie County residents," Legislator Wroblewski, the chair of the Public Safety Committee, said. "Frankly, the legislation pending in Albany on this subject does not go far enough - while it bans the sending and receiving of text messages while driving in New York, the violation is treated as a secondary offense. This means law enforcement must stop a motorist for another violation on New York State law before the motorist can be ticketed for text messaging while driving."

Added Kennedy, "We believe that this secondary approach put forward by New York State is wrong. The local law we are proposing will make texting while driving a primary offense and put teeth into the law that will give law enforcement the necessary tools to pull people over who are putting themselves, their passengers and other travelers in harm's way." 

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Like the people talking on the phone while driving isn't annoying enough. I would love to be a cop for a day, i would drive around handout out cell phone tickets, and would pull plenty of people over for running red lights, or the ghetto move where they pull to the outside lane so when the light changes they can speed thru and cut you off before reaching the cars parked on the side of the road. Or when people are stopped in the middle of the road chatting with a buddy on the sidewalk. Or when you are behind a car in the inside lane at a light and it turns green and they are turning but never put on their turn signal and you are stuck behind them, or they make a u-turn just off the parkside exit of the 1-98 to turn into delaware park and almost cause a pile up. Man I could go on, I would def lose that badge real quick due to all the idiots and ignorant people that got beat by my billy club.

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I'd like to be your partner in fighting crime!

replied to NorPark
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We must be driving behind the same people because every single annoyance you just listed are daily observances for me and they drive me F*CKING crazy.


Maybe i think to highly of myself but i've made it 17 years without ever being in an accident and it is a rare occasion that i take my eyes off the road. I do text on occasion while driving but I do it in such a way that I am not a complete hazard to everyone else around me.


Unfortunately i think this is just a case of crappy drivers doing what they do. It is unlikely to change with more laws and tickets. Just part of life.

replied to NorPark
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We should also outlaw:

- Putting on make-up while driving.

- Driving with a pet (dog or cat) in your lap or roaming around the car.

- eating fast food while driving, especially large hamburgers.

- flicking cigarette butts out the window (this should be considered littering).

- Police talking on cell phones, texting, and using their laptops while driving. (do as I say, not as I do doesn't make the roads any safer).

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I don't understand the need for a anti-texting law. Hasn't the use of hand-held cell phones been illegal for at least 5-6 years ? Isn't texting part of the illegal use of handheld cell phones ? The other question is this; why do the Buffalo police not enforce this illegal use of cell phones ? I seem to remember that the fine for such illegal use is $100.00. With all the drivers I see talking on their hand-helds, you could run this bloody town on the fines.

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The fine for first time offenders should be dramatically increased.

Repeat offenders must be made to surrender the phone, have their drivers license suspended and pay double the original fine.

Hit then where it hurts.

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Does the County have the authority to do this? Can you imagine if every county in the United States (differences between States is bad enough) had different traffic violations?!

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I can see where people do not like texting and driving because yes there are a few people who try to do it and can't and its a pain to drive behind them. But why is the response to something people don't like "make it illegal and fine them"? There are plenty of things in a car that could be considered just as dangerous as texting. Changing the radio? Takes your hands off the wheel and the music distracts you while your driving. Why not take all the things you can do like talking on the phone or texting, keep them legal but pass a law stating something along the lines "using such objects while driving may lead to dangerous driving and can cause accidents, those found guilty of a accident caused while using a phone will be subject to .... insert harsh punishment. Obviously the way I wrote it was rushed and half thought up but does this sound like a possibility rather than banning everything?

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So who in god's name lobbied Albany _against_ banning texting while driving? Twitter?


I am more than ready to see enforcement of laws against using hand-held cell phones while driving. For the last 100 years, drivers managed to go from here to there without needing to be in constant communication with somebody or other.


The typical personal vehicle spends only 5-10% of its existence in motion. That means that people have 90-95% of their day to yak when they aren't behind the wheel.

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Exactly.

replied to Shoestring Budget
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i wish there were a way that your four way "hazard lights" came on when you begin to use your phone. then all of us around you would know the IDIOT on the phone is doing something they feel is more important than operating a several thousand pound moving vehicle!!! stay clear...

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What about phones with ipod's built in? should they outlaw me changing a song? It's the same concept, where do you draw the line?

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We need to concentrate on driving and not become distracted. It' an automobile, not a living room. And it wouldn't hurt to be more considerate to other drivers and pedestrians.

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