LEGAL EASE
by Shane Givens and Summer McWhorter

Oct. 16, 2012

Texting and driving


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These days it seems everyone has a phone. It also seems that everyone is always playing on their phone or using it for some purpose. People walking down the street, sitting in restaurants and, yes, even driving down the road can be seen with heads bent down toward their phone, their attention obviously not on the world around them. Because of this, I felt the need to discuss a law that went into effect on Aug. 1, 2012. Much was said about this new law at the time it took effect, but after driving around Cherokee County lately, I decided we could all use a refresher.

In May, Alabama became the 39th state to pass a law banning texting while driving. The law bans Alabama drivers from texting, messaging or emailing while driving. There has been a nationwide campaign to stop distracted driving. Officials in Alabama hope this will reduce the number of accidents and deaths caused by texting and driving.

The law does not ban people from making phone calls, contacting emergency services, or using a GPS device while driving. A driver can even text as long as the car is stopped and in park or neutral. Texting and driving is a primary offence under this law. This means that if an officer sees someone violating this law, the officer can stop the vehicle and write the driver a ticket. Seeing someone texting is enough of a reason to stop that person—no other reason is needed. A fine is associated with the tickets. The first offense brings a fine of $25. The second ticket brings a $50 fine and the third brings a fine of $75.

When a driver receives a ticket for texting and driving, two points are added to the offender's license with the Alabama Department of Public Safety. This, of course, can have an impact on insurance rates if you rack up too many points.

For safety's sake, it is a good idea to follow the law. Distracted driving caused about 3,092 deaths in the U.S. in 2010, according to the National Highway Traffic Safety Administration. Younger drivers are especially vulnerable to distracted driving. Parents should discuss this new law and the consequences of causing an accident while texting with their teenage drivers. The fear of causing an accident should certainly make many of us think before we text while driving.

If nothing else, financial concerns should limit this behavior. These concerns include not only the fines associated with the tickets, but also the potential increase of your auto insurance premium. That is not even mentioning the possibility of a civil lawsuit should you cause an accident while texting and driving. Phone records can be subpoenaed to prove that you were texting at the time of the accident. Do not let this happen to you. Think before you text. It could save a whole lot of headaches, and maybe even someone’s life.


This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to
givenslaw@tds.net.