We have written a lot about texting while driving on our law blog, because it is relevant to both criminal law and personal injury law. One thing we have noted is that Oklahoma is one of the few remaining states which currently does not have a specific ban on texting while driving. For the last several years, the state legislature has failed to pass a number of proposals that would specifically prohibit texting while driving. Typically, lawmakers have said that such a law is unnecessary. After all, distracted driving is against the law in Oklahoma.
Supporters of a texting ban say that the current distracted driving law does not go far enough in penalizing texting while driving, one of the most dangerous forms of distraction. Under existing law, distracted driving is a secondary offense, and one for which a driver is only ticketed if he or she causes an accident.
Now, however, Oklahoma is one step closer to having a law that specifically prohibits texting while driving. On Tuesday, the House of Representatives passed HB 1965, an anti-texting-while-driving bill that would prohibit drivers from texting, emailing, or sending/receiving instant messages while driving. If the bill, authored by Rep. Terry O'Donnell (R), is passed by the Senate and signed into law by Gov. Mary Fallin, it will make Oklahoma become the 44th state to have a law against texting while driving.
But some say that this bill is nothing more than a token measure. A first offense of texting while driving would be punishable by a $250 fine; a second offense by $500. However, the law still makes texting while driving a secondary offense, as is "distracted driving" under existing law.
This means that law enforcement cannot pull a person over for texting while driving. Instead, a law officer would have to witness some other traffic violation--running a red light, speeding, or weaving, for example--in order to make the traffic stop. The texting while driving ticket would be secondary to the ticket for the primary traffic violation.
What do you think? Should the state legislature pass this bill, or should they work for something with more teeth? Is the existing distracted driving law sufficient to encompass texting while driving, or is more specific legislation needed to prohibit and penalize texting while driving?
House Bill 1965 is not the only anti-texting-while-driving measure being considered by Oklahoma lawmakers this year. Read more about the other proposed texting laws here.
