Nevada Legislature Weighs Proposals to Confront Distracted Driving

January 09, 2011

The Nevada Legislature is about to consider proposals to create specific restrictions on cell phone use while driving. The state already has a law against distracted driving on the books, but the national trend has been to tighten the laws and to prohibit texting entirely from behind the wheel. Thirty states and the District of Columbia ban texting while driving. Eight states, the District of Columbia and the Virgin Islands prohibit all use of hand-held devices.

Primary or Secondary Offense

The proposals will have to take account of a number of important details. For example, if a ban were enacted, would it be a primary offense or a secondary offense? In other words, should law enforcement be allowed to pull someone over for texting if no other traffic offense, such as reckless driving, is suspected? Or should tickets be given for texting regardless of whether another violation occurred?

Other issues to be resolved as the proposals are drafted include the appropriate level of possible fines and the effect of a conviction on the status of a person's driver's license.

Proponents of a ban point to more and more evidence about the hazards of multi-tasking on the road. Erin Breen, director of UNLV's Safe Community Partnership, argues that the brain is much more distracted by a conversation with someone in a different location than by one with someone who is in the car. "The problem with texting is that you're not only engaged in what you're doing, but your eyes are off the road. At 45 miles an hour, you travel 66 feet a second. Do you know what can happen in 66 feet?"

The answer to that rhetorical question is, of course, an accident. But is a total ban on texting behind the wheel really the best way to address this problem? Taking personal responsibility for driving safety is important as well.

Teen Drivers and Texting

One proposal that would fall short of a total ban on texting while driving is to limit the new restriction to teenagers. Incoming Sen. Mark Manendo (D-Las Vegas) says he uses a hands-free cell phone while driving, usually only at red lights. He intends to introduce a bill that would ban cell phone use and texting by teen drivers. This type of ban, he argues, probably has a better chance of passing than one that would apply to all ages.

Other legislators have different ideas. Assemblyman Kelvin Atkinson (D-North Las Vegas) says that limiting the texting ban to teens would create difficult judgment calls for law enforcement officers regarding whether a texting driver is or is not underage. Another consideration for Atkinson and others is that Nevada could end up losing some of its federal highway funding if it does not ban texting while driving.

Conclusion

No matter what the Nevada Legislature decides regarding distracted driving penalties, the need for a strong defense against criminal charges will remain as vital as ever. Don't hesitate to get legal help if you are facing charges or are concerned about losing your driver's license.

Article provided by Ciciliano & Associates, L.L.C.
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