Driving a car is a great privilege but with it comes a lot of responsibility.

According to Trusted Choice, there are roughly 300,000 car accidents in New York every single year. They claim that many of them could have possibly been avoided if one or more of the parties in the crash were not distracted while behind the wheel.

What is considered distracted driving in New York State?

Viewing a GPS or map, adjusting the temperature or radio, and even eating or drinking are considered distractions that put you and others at risk. Many distractions aren't illegal but cell phone use is one of the most dangerous distractions and New York law is very clear about using a cell phone while your car is in motion.

Per New York State Senate,

"§ 1225-d. Use of portable electronic devices. 1. Except as otherwise
provided in this section, no person shall operate a motor vehicle while
using any portable electronic device while such vehicle is in motion;"

The New York State DMV says you can't text while you drive. I have one question.

Does this mean you can use your cell phone while you are holding down the brake?

I'm starting to see more drivers in the Hudson Valley do this and I don't know if it's technically illegal but it really should be. I've seen drivers sit behind the steering wheel while their car is running and even shifted in reverse but they aren't moving. They are holding down their brakes. This leaves their brake lights on for several minutes. How does this happen? Is their attention span really that short?


Not only is this really annoying when you are parked in a spot behind them and trying to back out but this also seems like a huge hazard. It still seems like distracted driving even though they aren't technically in motion.


Texting while driving car. Irresponsible man sending sms and using smartphone. Writing and typing message with cellphone in vehicle. Holding steering wheel with other hand.
Tero Vesalainen

Is this illegal and have you witnessed this?

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