Presentation on theme: "Alabama’s Ban on Texting While Driving 32-5A-350"— Presentation transcript:
1 Alabama’s Ban on Texting While Driving 32-5A-350 This presentation has animations and should be shown as a slide show. Press F5 to begin the slide show. If you present it from the edit view, some images will appear to be on top of each other and text.APOSTC July 2012
2 Objectives Introduction to the law Understanding the problem Discuss enforcement strategies
3 What’s in the law?Title 32-5A-350 & Other Provisions
4 No Texting While Driving 32-5A-350(b)A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.
5 Definitions… 32-5A-350(a)(1) 32-5A-350(a)(2) WIRELESS TELECOMMUNICATION DEVICE. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term "wireless telecommunication device" does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.WRITE, SEND, OR READ A TEXT- BASED COMMUNICATION. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.
7 Primary Violation 32-5A-350(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.
8 Fine Schedule (Minus Court Costs) Crime & PunishmentFine Schedule (Minus Court Costs)Other Provisions32-5A-350(c)A person who violates subsection (b) is subject to fines as follows:(1) Twenty-five dollars ($25) for a first violation.(2) Fifty dollars ($50) for a second violation.(3) Seventy-five dollars ($75) for a third or subsequent violation.32-5A-351A conviction of this act shall be entered on the driving record of any individual charged under this act as a two-point violation.32-5A-352(a)In any case brought by a law enforcement officer employed by the Department of Public Safety all funds fines shall be allocated to the State General Fund.
9 Maintain Statistics 32-5A-352(b) Each state, county, and municipal law enforcement agency shall maintain statistical information on traffic stops made pursuant to this act on minority groups and report that information monthly to the Department of Public Safety.
14 Not all phone use is illegal while driving TextingWriting a textReading a textSending a textingWriting anReading anSending an IMInstant MessagingWriting an IMReading an IMTalking on the cell phoneListening to a textVerbally composing a textUsing cell phone to look up contactsUsing cell phone as GPSUsing cell phone as a cameraUsing a cell phone to listen to music
15 DiscernmentOfficers’ biggest challenge will be trying to determine if the driver is illegally texting or doing some other act that is not deemed illegal under the law.
16 Effective Enforcement Do’sDon’tsVisually ensure that texting is taking place if possiblePhoto/Video violation taking placeMake note of confessionsWatch from the roadside of congested areasTexting while stopped is also illegalNote time of the offense by your phoneDon’t text while driving on dutyDon’t attempt to use your phone to photograph the offender using his phoneEverything on your phone could be open to examinationDon’t ask for the offender’s phoneThere is no language that allows that type of seizure
17 Searching the Suspect’s Cell Phone Is it necessary?You already saw the offense take place.Do you conduct searches during other moving violations?Is there case law about this? Kinda…People v. Gregory Diaz (California Supreme Court)USA v. Abel Flores-Lopez (US Court of Appeals 7th Circuit)Both of these cases allowed searches of cell phones by police.However, both cases were custodial arrests for felonies.
18 ConclusionThis law will not be popular with many… however, enforcement may save many lives.Questions