Keep Your Eyes on the Road, Your Hands Upon the Wheel

Published for NC Criminal Law on September 22, 2009.

I blogged here about a new law, that prohibits texting while driving effective December 1, 2009. Texting while driving is an infraction, a non-criminal violation of the law, punishable by a $100 fine and costs of court. As one blog-reader noted, there are significant questions about how law enforcement officers will enforce the new law, given that it is permissible to enter letters or numbers into a mobile device for purposes other than texting, such as to place a telephone call or obtain driving directions.  The reader suggested that perhaps the law was designed to cause drivers to "think twice" before texting while driving. Maybe so. But it remains to be seen whether the measure will reduce the practice. And there is cause for concern if it does not. A 2008 report by the National Highway Transportation Safety Administration (NHTSA) summarizing studies of driver distraction notes that the auxiliary functions of cell phones, namely text messaging, downloading of audio and video, and gaming, are being performed largely "by drivers without fully-developed driving skills." As a result, the report predicts a "synergistic acceleration" in the resulting safety problem. It is worth noting that North Carolina, along with many other states, has done little to address the hazards associated with the traditional use of cell phones - placing and receiving telephone calls.  While minors and school bus drivers are banned from using mobile phones while driving, subject to limited exceptions, no other restrictions apply to cell phone use by adults. This is true [...]