Los Angeles Criminal Attorney Blog

A recent article in The Miami Herald discussed the long-winded debate over texting and driving, and whether or not texting should be banned altogether. For Californians at least, this debate ended some time ago, with texting while driving now being against the law, just as cell phone usage without a hands-free device is. However, not even half of the states across the country have imposed such rules on texting, despite the fact that there have been numerous studies warning of the dangers involved with driving while being distracted with any task other than simply driving.

The article cited a study done by the Virginia Tech Transportation Institute in which texting while driving was deemed to be the equivalent of driving under the influence, and resulted in increasing the likelihood of an accident occurring by an astounding 23 times. The distraction that cell phone use creates, whether through having a traditional, verbal conversation, or through text messaging, is enough to increase the chance of loss of control of vehicle, which could certainly lead to property damage and very well could lead to personal injury, up-to and including death.

California’s law forbidding texting while operating a motor vehicle is relatively clear cut. If a driver is seen with a cell phone in hand, and it is reasonably deemed that the cell phone is being used for texting, whether that involves reading, composing, or sending a text, then that driver will be hit with a monetary fine that grows with ensuing infractions. However, the law banning cell phone usage for making calls while driving, unless the usage is considered hands-free, does not ban a person from selecting or entering a telephone number for the purpose of making a call (though it is strongly urged that drivers do not attempt to dial while operating a motor vehicle). There in lies the problem, particularly if a person is in fact dialing a cell phone but is accused of texting instead.