Posted by the Charleston, SC Car Accident Attorneys at Anderson & Schuster, Attorneys at Law, LLC. Our Charleston auto accident lawyers help those injured in car, truck and motorcycle accidents in Charleston, North Charleston, Mt. Pleasant, Summerville and across the South Carolina lowcountry.
On September 9th, the Charleston City Council will ask for the public's input on outlawing texting behind the wheel. This topic has been discussed before on our Blog focusing on how this proposed legislation could affect the public from a DUI standpoint. As it stands now, the proposed ordinance would make it illegal for drivers to use hand-held devices behind the wheel, and would cover any form of texting including, the reading of texts, emailing, or typing. At this point the ban does not make it illegal to talk on a cell phone while driving.
It appears that a majority of the concern related to the ban is the ability to enforce it effectively because it would be hard to discern whether a motorist was in the act of texting or simply placing a phone call or using a GPS application on their phone. Police would have the ability to subpoena phone records from cellular carriers to assist them in proving that a motorist was texting while driving, but it is yet to be determined whether this will be enough. The proposed fine for the violation is $100.00 with no points being assessed against the motorist's driver's license. The ban is scheduled to be voted on later this fall.
What doesn't seem to be up for debate is how potentially dangerous texting and driving can be. According to www.distraction.gov, texting, specifically, is very dangerous while driving because text messaging requires visual, manual, and cognitive attention from the driver. It is the driver's attention diversion away from the primary task of driving that has lead to the national campaign to make people aware of the dangers of texting and driving.
Sources: Charleston texting-while-driving ban goes to public hearing www.distraction.gov "What is Distracted Driving?"
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