Effective July 1, 2010, Iowa's "texting ban" will be in full force and effect. There are some things that Iowan's and people traveling through Iowa should be aware of regarding Iowa's texting ban.
First, this new offense is not categorized as a moving violation.
Second, law enforcement may only issue warnings for the first year.
Third, what precisely is prohibited varies depending on whether the driver is over or under the age of 18.
Under 18 Years Old: Prohibited from using ANY electronic communication device (cell phone) or electronic entertainment device (i-pod) while driving a motor vehicle. This means no talking on the phone, texting, or using an auxiliary plugged in i-pod or similar device. The requirement that officers have probable cause to stop the vehicle for a primary traffic offense does not apply to minors. However, the officer must still have probable cause to believe the driver is under the age of 18 which is often times difficult to determine.
Over 18 Years Old: Only prohibited from writing, sending or reading a text message while driving. Does not prohibit talking on the phone, looking up phone numbers, or reading safety-related information including emergency, traffic or weather alerts. It could also be argued that the new law does not prohibit reading or retrieving websites or other information via mobile internet connections. Drivers are also specifically permitted to use GPS systems while driving. A police officer may not stop or detain a person solely for a suspected violation of this law. They must first have probable cause to stop the individual for another suspected traffic offense.
Finally, everyone should understand that if an officer asks if you were texting or asks to view your hand held device, you have the constitutional right not to incriminate yourself and you also have a constitutionally protected right to privacy in your personal property. If you voluntarily answer questions or allow law enforcement to view your device, what you say and what they find is admissible. However, if you remain silent and do not consent to law enforcement looking at your phone or other device, how do they obtain the proof necessary to prove that you were violating the law?
Texting and driving is never a good idea but it is important to remember that you still have rights if you are being investigated for violating the law, regardless of how minor the infraction may be.
Showing posts with label texting ban. Show all posts
Showing posts with label texting ban. Show all posts
Tuesday, June 22, 2010
Wednesday, March 24, 2010
Iowa's Texting Ban
Both the Iowa House and Senate have approved a compromise bill regarding texting and driving on Tuesday, March 23rd. It still must be signed into law by the Governor who is expected to approve the bill. If signed into law, it will not be effective until July 1, 2010.
The new compromise bill completely bans the use of cell phones or "electronic entertainment devices" such as i-pods, for teenagers with restricted licenses, instruction permits or intermediate driver's licenses. The only exception is if the vehicle has pulled over to the side of the road and is completely stopped off of the traveled portion.
For all other individuals, the new law will only prohibit texting or emailing while driving. This includes both sending and reading incoming written communications. It will have no impact on the ability to make or receive phone calls. It specifically states: "A person shall not use a hand-held electronic communication device to write, send, or read a text message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway." There are clear exceptions for hands free devices and use of GPS systems. The bill also has a specific exception allowing drivers to receive "safety-related information including emergency, traffic, or weather alerts." Thus, new services such as Route Scouter will not be affected by this measure.
The enforcement provisions of this proposed new bill are what make one wonder why the tax payers money was spent haggling over the measure in the first place. Law enforcement is to only issue warnings for violations for the first year that the new law is in effect. It is not a moving violation but is a simply misdemeanor punishable as a scheduled fine of only $30.00. Additionally, law enforcement is specifically prohibited from stopping or detaining a person soley for a suspected violation of the texting ban. Enforcement may only be a secondary action following a stop for another traffic violation. The one area where the law will have some teeth is in those situations where it is determined that the individual was violating the texting ban and was in an accident causing serious injury or death. In those situations, the punishment increases to a potential $1,000 fine and a possible license suspension of 180 days. More importantly, a violation of the texting ban qualifies as a public offense which may lay the foundation for Involuntary Manslaughter by Public Offense charges in certain circumstances.
All in all, there was considerable public pressure to pass a texting ban in Iowa this year and it was doubtful that the Legislative session was going to end without such a bill being passed. If a texting ban was going to be passed this is probably the best the citizens of Iowa could hope for. Some may say it goes to far and some may say it does not go far enough. However, the sign of a good compromise is that neither party is completely happy. This may be such a compromise. It is not overly restrictive; it allows time for people to adapt to the ban; and it also provides a mechanism for tough enforcement in the appropriate case. Only time will tell.
The new compromise bill completely bans the use of cell phones or "electronic entertainment devices" such as i-pods, for teenagers with restricted licenses, instruction permits or intermediate driver's licenses. The only exception is if the vehicle has pulled over to the side of the road and is completely stopped off of the traveled portion.
For all other individuals, the new law will only prohibit texting or emailing while driving. This includes both sending and reading incoming written communications. It will have no impact on the ability to make or receive phone calls. It specifically states: "A person shall not use a hand-held electronic communication device to write, send, or read a text message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway." There are clear exceptions for hands free devices and use of GPS systems. The bill also has a specific exception allowing drivers to receive "safety-related information including emergency, traffic, or weather alerts." Thus, new services such as Route Scouter will not be affected by this measure.
The enforcement provisions of this proposed new bill are what make one wonder why the tax payers money was spent haggling over the measure in the first place. Law enforcement is to only issue warnings for violations for the first year that the new law is in effect. It is not a moving violation but is a simply misdemeanor punishable as a scheduled fine of only $30.00. Additionally, law enforcement is specifically prohibited from stopping or detaining a person soley for a suspected violation of the texting ban. Enforcement may only be a secondary action following a stop for another traffic violation. The one area where the law will have some teeth is in those situations where it is determined that the individual was violating the texting ban and was in an accident causing serious injury or death. In those situations, the punishment increases to a potential $1,000 fine and a possible license suspension of 180 days. More importantly, a violation of the texting ban qualifies as a public offense which may lay the foundation for Involuntary Manslaughter by Public Offense charges in certain circumstances.
All in all, there was considerable public pressure to pass a texting ban in Iowa this year and it was doubtful that the Legislative session was going to end without such a bill being passed. If a texting ban was going to be passed this is probably the best the citizens of Iowa could hope for. Some may say it goes to far and some may say it does not go far enough. However, the sign of a good compromise is that neither party is completely happy. This may be such a compromise. It is not overly restrictive; it allows time for people to adapt to the ban; and it also provides a mechanism for tough enforcement in the appropriate case. Only time will tell.
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