Texting While Driving a Felony in Some States
Former prosecuting attorney Doug Landau is in favor of uniform laws against texting while driving, as “distracted driving” can result in permanent injuries from car crashes and fatal truck crashes
No one can argue the dangers of texting while driving. States all across the nation are fighting back by enforcing stricter penalties for drivers who text while behind the wheel. In Utah, thanks to an amendment to the state’s texting-while-driving law that took effect last May, it is now a felony (a crime punishable by more than a year in jail) to be doing anything on a hand-held wireless communication device except making or receiving a call or using GPS navigation.
In what is believed to be one of the first applications of the new law, the family of a 15 year old pedestrian struck and killed by a texting driver has filed a wrongful death suit against the driver.
A key part of this case is the distinction drawn as to what is now illegal in Utah. Prior to the new amendment, a driver had to be found to be texting at the exact moment of a crash — not an easy thing to prove according to Herndon Injury Lawyer Doug Landau. “Now,” says Doug, “a conviction in a case like this will be much easier to obtain since prosecutors can show that a driver broke the law by even just looking at a text message.” As a former prosecutor for the Florida State Attorney’s Office, he welcomes laws that promote public safety while penalizing unsafe decisions by motorists.
If you or someone you know or care for has been injured by a texting driver and there are questions as to what laws apply, email or call ABRAMS LANDAU, Ltd. at once (703-796-9555).