Curbing distractions
Revised laws clarify, provide ‘more teeth,’ agencies say
Local law enforcement officials say bills approved by the Legislature earlier this year have clarified and put “more teeth” in laws regulating distracted driving and open containers of alcohol.
The revised laws went into effect July 31. Act 706 amended an older law concerning distracted driving, specifically the use of wireless communication devices to access web-based services.
Previously, officers would issue a citation for texting while driving, and offenders who pleaded guilty would be fined $50.
Under the new law, using a wireless device while driving is punishable by a fine of up to $250 for the first offense. The fine increases after each subsequent violation to no more than $500.
In instances where a driver pleads guilty to the use of a mobile device contributing to a collision or accident, an additional fine of double the standard amount may be issued by the court.
“This clarifies a lot of different issues. Technology has changed a lot since 2009,” when the safe driving initiative that prompted the law began. “It’s something that we’ve always enforced, but this gives us more teeth and more clarity,” Garland County Sheriff Mike McCormick said recently.
Although citations were supposed to be maintained on a driver’s record, Hot Springs police Officer 1st Class Joey Williams said
there was really no way to tell if someone pulled over for texting and driving had prior offenses of the same nature, which led to the possibility of repeat offenders slipping through the cracks.
The amended law eliminated warnings, and clarified many of the gray areas surrounding the violation and how law enforcement should proceed.
“The amount of people texting and use of wireless devices on roadways is downright scary,” McCormick said.
Act 706, or “Paul’s Law,” prohibits drivers from using a wireless communication device while operating a motor vehicle. The term “wireless device” broadens the vernacular of the original law to include electronic devices such as tablets, laptops, personal digital assistants and other mobile devices easily removed from the vehicle.
Operations outside of texting, like posting to social media or reading an email, are also illegal. Certain exceptions are made for law enforcement, medical personnel and people using a wireless device in the event of an emergency.
At least nine people die and more than 1,000 are injured every day because of a distracted driver, according to DMV.org., which also noted that, in 2014, 26 percent of all car crashes involved mobile phone use.
McCormick said if a driver receives a text message or email they feel they should answer, they should just pull over in a safe area. He added that the roadway is not a place for checking email, texting, or posting to social media.
With school about to resume, law enforcement agencies stress it is important to note that using any type of wireless device inside a school zone is illegal, including texting, using social media or talking on the phone. The same laws apply inside highway work zones.
In addition to electronic devices, another one of the bills passed this year set new boundaries for having open containers inside a moving vehicle. It states open containers are prohibited from being “readily accessible to the driver or a passenger” while the vehicle is on a public road.
The only acceptable location for a container that has already been opened is an area out of reach of the driver and passenger, like the trunk or a cargo area.
McCormick said deputies would typically issue a public intoxication citation to the passenger before the law was amended. The new law sets forth a clear procedure, allowing law enforcement to keep intoxicated people off the roadways.
“This one is pretty cut and dry. If we stop you and there is an open container in the vehicle, you’re probably going to get a ticket,” Williams said.
Police plan to carry out business as usual, and will not have a special task force geared toward cracking down on these offenses, Williams said.
McCormick said deputies already working to find those driving under the influence or not wearing a seat belt will also start looking for distracted drivers.