New penalty added to cell phone law

By Eileen Buckley

Buffalo, NY – If you are caught talking on your cell phone, a new penalty will go into effect Wednesday. WBFO's Eileen Buckley reports, along with a fine you will get points on your driver's license.

"This is very serious. We just received word out of Albany that begriming tomorrow (Wednesday) any offenders anyone caught using a cell will not just be subject to a $100 fine but also two points on their license and that's the first time that has been the case," said Erie County Clerk Kathy Hochul.

Hochul is working to alert motorists of the change in the current cell phone law.

Over 300,000 tickets are issued statewide for cell phone violations.

"The Department of Motor Vehicles concludes that maybe they're not paying attention because the penalties are not serious enough," said Hochul.

"People are starting to find out that distracted driving accounts over 20% of all accidents, and that's significance. This is not an issue we dealt with five or ten years ago, certainly not with the texting. That's a brand new phenomenon," noted Hochul.

In 2009, almost 5,500 died nationwide in crashes involving a distracted driver. Hochul said too many are looking down to text, and it's not just teenage drivers.

"It's not just young drivers. You also see parents now responding to text. It's just a recipe for disaster," said Hochul.

In November 2001, New York became the first in the nation to adopt a state-wide ban on handheld cell phone use while driving. In 2009, a law texting while driving law took effect.

The new penalty is being added to strengthen the distracted driving law. With the new layer of texting, the State DMV is working to decrease the use of cell phones while driving.