Read the Latest News About Distracted Driving Laws and Incidents

“The consequences of distracted driving are devastating. It’s baffling why otherwise law-abiding citizens, who would never get behind the wheel holding an open beer, will text or talk on their cell phones while driving and ignore the danger,” said Acting Governor Guadagno. “This new law sends a clear and serious message to people who dare to talk or text on their cell phone while driving.”

Under the new law, proof that a defendant was operating a handheld wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both.

Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly person's offense if bodily injury occurs. A fourth-degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly person's offense is imprisonment for up to six months, a fine of up to $1,000, or both.

“The irresponsible use of a cell phone while driving can have tragic consequences as evidenced by the stories of Ms. Kulesh, Mr. and Mrs. Kubert and Toni and Ryan Bolis,” said Assemblyman Anthony Bucco, a primary sponsor of the bill. “Because of the distraction of a cell phone, two people lost limbs, and three others died. Driving is a responsibility, not a right. Everyone must take that responsibility seriously. These are three cases of what heartbreak inattentive driving can cause. There is now a price to pay for such capricious acts.”

“No call or text is more important than a person’s life or limb,” said Assemblywoman Annette Quijano, also a primary sponsor of the bill. “Tragedies like the ones the Kulesh, Kuthbert, and Bolis’ families endured are more heartbreaking because they could have been avoided. This law will hopefully make people more accountable for their actions and minimize injuries and deaths caused by cell phone distractions.”