Texting While Driving Ban in Texas: Key Facts You Need to Know
In 2018 alone, Texas roadways saw a staggering 540,561 crashes. Of these incidents, 95,572—or 18%—were attributed to distracted driving, leading to 394 fatalities and 2,340 serious injuries, according to the Texas Department of Transportation.
These alarming statistics emerged just one year after Texas implemented a ban on texting while driving, highlighting the need for continued efforts to change driver behavior. In response, the state launched the “Heads Up” campaign to educate Texans on the dangers of distracted driving and to raise awareness about the new law.
What Does the Texas Texting While Driving Ban Entail?
The texting while driving ban, effective as of September 1, 2017, makes it illegal to read, write, or send a text while driving in Texas. The law also prohibits emailing, instant messaging, and posting on social media while driving.
Under Section 545.4251 of the Texas Transportation Code, it is illegal to use a portable wireless communication device to “read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.” This means that activities such as reading a text while at a stoplight are not considered a violation.
Electronic messages, as defined by the law, include texts, emails, or other communications entered into or read from a wireless communication device. A wireless communication device is any device that uses commercial mobile services to connect with other devices for communication.
For a first offense, drivers face fines between $25 and $99. Repeat offenses carry penalties ranging from $100 to $200.
Rules for Drivers Under 18
Section 545.424 of the Transportation Code imposes stricter rules for drivers under 18, completely prohibiting the use of any wireless communication device while operating a motor vehicle, even if the vehicle is stopped. This means no texting, calling, or use of hands-free devices is allowed for drivers under 18.
Penalties for a first offense range from $25 to $99, with repeat offenses incurring fines between $100 and $200.
Penalties for Texting While Driving Leading to Serious Bodily Injury
If a driver is convicted of texting while driving and causes serious bodily injury or death, they can face a Class A misdemeanor, which carries a penalty of up to one year in jail and a fine of up to $4,000.
Defenses for Using a Wireless Device While Driving
There are exceptions to the texting while driving ban, allowing the use of wireless communication devices for certain purposes. These include:
- Using a hands-free device
- Operating GPS navigation
- Reporting illegal activity
- Summoning emergency assistance
- Checking road conditions or traffic information (e.g., using the Waze app)
- Reading a message related to an emergency
- Using a music app
- If the vehicle is stopped
Although an officer cannot arrest you solely for using your phone, the action could justify a stop, and if another reason for arrest is discovered, it could escalate the situation.
Challenges and Concerns with the Texting While Driving Ban
The law allows officers to stop drivers if they suspect the driver is using a phone for texting while driving. This can lead to routine traffic stops, and the officer only needs “reasonable suspicion” to initiate the stop, even if no texting actually occurred.
Municipal prosecutors might attempt to subpoena phone records to prove the driver was texting. However, law enforcement officers are prohibited from inspecting or seizing phones unless they are legally authorized by the Code of Criminal Procedure or other laws.
To successfully prosecute the case, the officer must demonstrate that the driver was unlawfully using their phone for reading, writing, or sending an electronic message, as opposed to permitted uses such as GPS or music. While a subpoenaed phone log could help, prosecutors may not need it. All they must do is convince a judge or jury that the driver was engaged in texting or reading an electronic message at the time.
For assistance, contact us at 817-203-2220 or visit us online. If you’ve been involved in a car accident, the Dallas Texas Car Accident Lawyers at Varghese Summersett are here to help you navigate the legal process and secure the compensation you deserve.
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