Do you text message while you drive?
Mar 22nd, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficThose of you who have a habit of using your text messaging devices (such as a cell phone or BlackBerry device) while driving may have to break your habit…and soon.
Two assemblymen of Gloucester County, New Jersey have proposed a new law permitting police officers to stop drivers suspected of ‘text messaging while driving’.
Lawmakers are concerned that because drivers must use both their hands and eyes to text, a situation of greater inattentiveness is created for the driver than is when using hand-held cell phones, which is already a secondary offense. The proposed bill does not allow police to seize a driver’s wireless device or collect phone or text messaging records, however, fines for ‘text messaging while driving’ could range up to $250.
We at Saile & Saile LLP have not come across any motor vehicle accidents involving text messaging, although we have seen accidents which involved speaking on a mobile phone. I believe it would be quite difficult for the police officer to actually catch someone in the act. For example, how would a police officer know if you are just holding your phone, as opposed to holding the phone and using your thumb to type and send a message?
What is next to be considered outlawed conduct? Changing your radio station? Using the switch or handle to roll your windows down? Both of these activities involve taking your eyes off the road and using your hands. There has to be a point where people can decide on their own how to act and consequently take responsibility for their actions.
