Illegal to text, e-mail or IM while driving starting Jan. 1
By Joe Johnson Lee News Service
Drivers young and old will need to be extra cautious with their cell phones in 2009, as a new law going into effect on Thursday makes it illegal to text, instant message or e-mail while driving.
The new cell phone driving law states that a person is prohibited from "driving a motor vehicle while using an electronic wireless communications device to write, send or read a text-based communication." Any officer that spots a driver talking into their cell phone without a hands-free device or texting while driving can be pulled over for a primary offense.
"Before this law came into play, we had to pull over most juveniles for speeding or driving recklessly, not for texting on their cell phones," said Jerry Pierce, California Highway Patrol spokesman. "Anything that puts the focus back on driving is a good thing. Anything that encourages both hands being back on the wheel is a good thing."
The law specifies that drivers are still allowed to "read, select or enter" a name or telephone number into a wireless device "for the purpose of making or receiving a telephone call," but any other use by non-emergency services personnel is considered a violation of the law.
Many police officers and law enforcement officials hope that the new laws will help make the roadways a little safer.
"I don't think they respect and understand what is going on here," Pierce said. "Most people think it is OK, as long as they don't get caught. It just keeps happening more and more. I just hope that once both of these laws are in place, the numbers will go down."
An initial offense for driving while talking into a cell phone without a hands-free device or texting while driving carries with it a $20 fine, which can then go up to $50 for each subsequent offense. However, officials with the Office of Traffic Safety say that this is just the base fine, which after court fines and legal fees, can cost upward of $100 for a first offense.
"I don't even work patrol on a regular basis and I've even written up a handful of people for cell phone violations," Pierce said. "One gentleman was talking on his cell phone as I pulled up behind him, but he didn't put it away. So, I pulled up next to him and there was a baby in the front, not even properly restrained in a child seat. When I tried to get his attention, he held up his finger for me to wait. He was busy on the phone."
The new law goes into effect Jan. 1, 2009 and officers will not be giving drivers a grace period.
"We are doing this to make things a little bit safer out there," Pierce said. "Anything that can help is a blessing."
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