Alabama’s Ban on Texting While Driving

32-5A-350

APOSTC July 2012

Objectives

•Introduction to the law•Understanding the problem•Discuss enforcement strategies

What’s in the law?Title 32-5A-350 & Other Provisions

No Texting While Driving •32-5A-350(b)•A person may not operate a motor vehicle

on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.

Definitions…32-5A-350(a)(1) 32-5A-350(a)(2)

• WIRELESS TELECOMMUNICATION DEVICE. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term "wireless telecommunication device" does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.

• WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.

Legal or Illegal under this law?

Legal

LegalIllegal

Primary Violation•32-5A-350(d)•Law enforcement officers enforcing this

section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.

Crime & PunishmentFine Schedule (Minus Court

Costs)Other Provisions

• 32-5A-350(c)• A person who violates

subsection (b) is subject to fines as follows:▫ (1) Twenty-five dollars

($25) for a first violation.

▫ (2) Fifty dollars ($50) for a second violation.

▫ (3) Seventy-five dollars ($75) for a third or subsequent violation.

• 32-5A-351▫ A conviction of this act shall

be entered on the driving record of any individual charged under this act as a two-point violation.

• 32-5A-352(a)▫ In any case brought by a

law enforcement officer employed by the Department of Public Safety all funds fines shall be allocated to the State General Fund.

Maintain Statistics

•32-5A-352(b)•Each state, county, and municipal law

enforcement agency shall maintain statistical information on traffic stops made pursuant to this act on minority groups and report that information monthly to the Department of Public Safety.

Understanding the Problem

NHTSA Survey Regarding Texting While Driving

Do you ever send texts or e-mails while driving?

Percentage that admitted they did text or e-mail

NHTSA’s Blueprint for Ending Distracted Driving

• Raise Public Awareness

• Lead by Example• Research &

Development• Enact & Enforce

Tough State Laws

Enforcement Strategies

Not all phone use is illegal while driving

Illegal while driving Legal while driving

• Texting▫ Writing a text▫ Reading a text▫ Sending a text

• E-mailing▫ Writing an e-mail▫ Reading an e-mail▫ Sending an IM

• Instant Messaging▫ Writing an IM▫ Reading an IM▫ Sending an IM

• Talking on the cell phone• Listening to a text• Verbally composing a text• Using cell phone to look

up contacts• Using cell phone as GPS• Using cell phone as a

camera• Using a cell phone to

listen to music

Discernment

•Officers’ biggest challenge will be trying to determine if the driver is illegally texting or doing some other act that is not deemed illegal under the law.

Effective EnforcementDo’s Don’ts

• Visually ensure that texting is taking place if possible

• Photo/Video violation taking place

• Make note of confessions• Watch from the roadside

of congested areas▫ Texting while stopped is

also illegal• Note time of the offense

by your phone

• Don’t text while driving on duty

• Don’t attempt to use your phone to photograph the offender using his phone▫ Everything on your phone

could be open to examination

• Don’t ask for the offender’s phone▫ There is no language that

allows that type of seizure

Searching the Suspect’s Cell Phone•Is it necessary?

▫You already saw the offense take place.▫Do you conduct searches during other

moving violations?•Is there case law about this? Kinda…

▫People v. Gregory Diaz (California Supreme Court)

▫USA v. Abel Flores-Lopez (US Court of Appeals 7th Circuit) Both of these cases allowed searches of cell phones by police. However, both cases were custodial arrests for felonies.

Conclusion

•This law will not be popular with many…however, enforcement may save many lives.

•Questions