Switch to ADA Accessible Website
Orlando Criminal Lawyer

New York’s Proposed “Textalyzer” Law

Many states, in an effort to curb drunk driving, have made it illegal for drivers who are pulled over by police to refuse a breathalyzer.  Florida is one of these states.  Under Florida law, by accepting the privilege of driving in the state, you give your implied consent to submit to a blood, urine, or breathalyzer test in the event you are stopped on suspicion of DUI.  If you refuse the test, your license will be suspended.  Now, New York plans to use the implied consent idea to combat distracted driving as well.

Distracted driving

According to the Centers for Disease Control and Prevention, each day in the U.S. more than 8 people are killed and 1,161 are injured in crashes reportedly involving a distracted driver. The CDC identifies three different types of distraction: taking your eyes off the road, taking your hands off the wheel, and taking your mind off driving. For most people, the phrase “distracted driving” calls to mind a driver texting or otherwise using a cell phone while on the road.  One way for police to establish whether distracted driving caused a collision would be to search the drivers’ phones at the site of the accident.

New York proposes “implied consent” to a cell phone search

But the Supreme Court has ruled that police cannot search a cell phone’s contents without a warrant.  New York has a proposed solution to skirt that warrant requirement at the scene of an accident, using a new device known as a “textalyzer.”  According to Ars Technica, the textalyzer was developed to be to distracted driving what the breathalyzer is to drunk driving.  A textalyzer can examine a cell phone to determine whether the phone was in use immediately prior to a crash, without revealing the phone’s actual contents.  It would, for example, indicate whether a person was texting before a collision, but not the substance of any texts.  Contacts, photos, and other data would also remain private.

The New York Senate Transportation Committee is considering legislation that would authorize police to use a textalyzer to examine cell phones at an accident scene to determine whether any of the drivers involved were using their phones at the time of the accident.  Under the proposed law, drivers would be deemed to have given “implied consent” to a textalyzer search of their phones, and would forfeit their licenses if they refused a search.  Further analysis to determine whether any phone usage was hands-free and to confirm the textalyzer’s conclusion would require a warrant.  If New York is successful in this attempt, other states are likely to follow suit – perhaps Florida as well.

Consult an Orlando Criminal Defense Lawyer

If you or a loved one are facing criminal charges, or have questions about your rights, contact the experienced Florida lawyers of The Baez Law Firm for a consultation today.  We have represented clients in the most high-profile and complex cases with skill and ingenuity; no case is too big or small for us.

  • Facebook
  • Twitter
  • LinkedIn

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab