I knew it wouldn't be too long before legislatures everywhere created the new offense of "texting while driving". As a traffic ticket and criminal defense attorney, I'm a little intrigued. First of all, this new offense is completely unnecessary. It's not going to prevent people from texting while driving, just as the driving while using your cell phone law has not modified that behavior either. By the way, what about those 4x6 DVD displays people have in their dashboards? It won't be long until the new offense of "watching tv while driving" is created.
Lawyers love new laws. Sooner or later I'll get a client charged with the new offense. I can't wait until the cross examination. "Officer, you never actually saw my client type in text, did you?"
Plaintiff's lawyers like this law too. If someone is injured an a car accident by a "texter" and they are convicted of the texting offense, proving negligence will be easy.
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