Photo: drp
The Utah legislature recently enacted a law that prevents people from text messaging while driving. Violation of the law is a class C misdemeanor. The new statute reads:
“[A] person may not use a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state.”Utah Code § 41-6a-1716.
There are some exceptions in the statute:
• During a medical emergency
• when reporting a safety hazard or requesting assistance relating to a safety hazard
• when reporting criminal activity or requesting assistance relating to a criminal activity
• when providing roadside or medical assistance
• when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer’s or emergency service personnel’s employment
However, enforcement of this law is rather difficult because a police officer must view you actually text messaging. What if you were reading the newspaper on your phone, reading your email, or looking at a map on your phone? Under the statute, those activities are permitted.
Utah law defines text messaging as
“a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the person’s telephone number”
If a person isn’t sending an “electronic text” to another person’s phone or computer, they cannot be charged under this statute.
If you have been charged with texting while driving, contact a qualified attorney who can help defend you against this charge.
Tags: driving, text messaging
