By KELSEY SWANEKAMP
Buffalo Law Journal

The New York State Senate passed a bill that will outlaw one more type of behind-the-wheel multitasking: text messaging. But how effective will it be at getting cell phones and smart phones out from under the thumbs of drivers?

"Most people want to be law-abiding," said Steve Kantor, an attorney with the Law Offices of Kantor & Godwin. "Anything we can do to eliminate distractions while driving is a good thing," Kantor added.

John Gangemi, a 30-year-old Buffalo-area consultant, said that the law wouldn't change his behavior. "I'll probably still use my phone when I'm driving," he said. "I feel like I'll be missing something really important if I don't check my messages."

But for Noreen Panzarella, a marketing associate with SYSCO Food Service, the temptation to check messages isn't as important as the danger she thinks it presents.

"It can wait," she said. "If you get in an accident and hurt yourself or someone else, it's going to wait a lot longer."

The law also prohibits drivers from engaging in some non-texting activities that might distract them, such as e-mailing, accessing the Internet, watching video and playing games.

Captain Patrick McKenna, the commander of the Amherst Police Department's Traffic Accident Investigation Bureau, said that it might be difficult for police officers to spot violations of the new law.

"You actually have to see them holding the device," he said. "If people are just looking down, you don't know what they're doing. They could be mixing sugar in their coffee." In Amherst, said McKenna, the police write about 60 tickets a month for illegal cell-phone use. He anticipated that the numbers would be even lower for text-messaging violations.

Gov. David Paterson is expected to sign the law, which will go into effect 180 days after it receives his signature.

Niagara Falls attorney John DelMonte said that he supports the law, especially as a protection for teen drivers. A father of a 19-year-old driver and a soon-to-be-driving 16-year-old, DelMonte said that he thinks teens would be more likely than older drivers to use their cell phones while driving.

"Driving is secondary to their compulsive behavior with the phone. They're unable to let go," he said. As a father, he said, he just tries to "keep them focused on the threat level presented by not paying attention."

Panzarella agreed. "With the younger generation, their cell phones are attached to them," she said. "We can put it aside or leave it at home. But for them, they don't know how to disassociate themselves from the phone."

According to a National Highway Traffic Safety Administration study released in April 2008, text-messaging behind the wheel leads to a 400 percent increase in time spent looking away from the road. The study also found that teens are 10 times more likely to use cell phones while behind the wheel, as compared to all other age groups.

For Kantor, the law will provide the personal-injury attorney with extra ammunition in a lawsuit. "We'll use (the law) to protect our clients' rights," he said.

"If you violate the law and get in an accident, it's going to be used against you," he said. "It gives extra teeth to prosecuting accidents."