Text-Free Texas

Driving Law Put In Place Statewide

     After the Texas legislature passed a No Texting and Driving Law that took effect on Sept. 1, distracted driving can now result in a citation with a fine of up to $99.

     “First of all, they’ll do an official roll out to where people are aware of the law,” Lampasas High School Resource Officer Jeff Phillips said. “So like in Lampasas, we will give people warnings and let them be aware of what’s going on and how the law is taking effect.”

     While Texas becomes the 47th state to make texting and driving illegal, it is not yet a hands-free state. This means that while drivers can not send any messages through apps like snapchat or instagram, they are still permitted to talk on the phone or use it as a gps.

     “I think it should be a hands-free law period,” senior Katrina Johnson said. “I mean, any distraction at all could cause a major distraction, kill a lot of people, or damage families completely. If you are even just holding your phone and glance down at it for a moment instead of having bluetooth read it to you, it could distracting and cause a crash.”

     Studies show that when a phone is being used even for something hands-free, like talking over bluetooth speakers, one is still four times more likely to get in a car crash. If the screen is being used to type even for a split second, there is a 23 percent increase of ending up in an accident.

     “When someone drives drunk, their goal is to avoid me,” said Sergeant David Roberts, spokesperson for the Texas Department of Public safety. “They’re very diligent about where they’re at, how fast they’re going…If you’re texting, you don’t even try which makes you worse than the drunk.”

     Many people are skeptical about how this law can effectively be enforced with so many exceptions, like gps. Roberts said that this law would be treated like any other. If the officer has reasonable suspicion that the phone was being used illegally, they have every right to check it. This can be done with a new device, created to scan the phone for previous use.

     “It is going to tie up officers if they choose to take the extra step,” Roberts said. “There is always going to be a knucklehead out there who tries to make it difficult and get out of the law because they watched a video on Youtube, but we’re used to it, and it shouldn’t affect our enforcement efforts.”

     Breaking of this law is consider a class C misdemeanor, and for a first offence can result in  a fine of  up to $99. A second offense is a fine of up to $199. However if a driver is in a car crash caused by distracted driving and someone obtains a serious injury, they can be fined up to $4,000 and jail time of one year.

     “A class C Misdemeanor is a crime that includes things like running red lights, no seatbelt, or speeding, so everyone in that vehicle is a witness,” Roberts said. “If passengers do not identify themselves, they can be arrested.”

     Texas evidence law also states that if a law enforcement officer pulls over a driver for suspicion of a crime, then the car itself becomes a crime scene and any evidence, including a person’s phone, can be collected as evidence to prove that crime. A warrant is not needed to collect the phone. Many students are not aware of this aspect.

     “I did not know about that until I was told,” senior Garrett McGuire said. “I know someone who was pulled over for using their phone and given a warning. It made them realize how much of a danger he was to other people. So with that in mind, I was glad the law was put into place.  That way kids’ lives are not lost.”