Mississippi Criminal and Family Law BlogDistracted driving is a dangerous activity to undertake, and the modernization of the cell phone has made the issue worse by providing every driver the ability to surf the internet, make phone calls, text, and stream music or podcasts. This coupled with the fact that almost 303 million people in the United States own cell phones means that the opportunities to be distracted behind the wheel are seemingly endless. Not only are our roads much more dangerous, but also Mississippi drivers are opened up to criminal liability.
According to King 5 News out of Seattle, Washington, King County recently celebrated the five-year anniversary of their Electronic DUI law which completely bans the use of cellphones while behind the wheel of a vehicle, even at a stop sign or a red light. According to the head of the king county target zero task force, distracted driving is the third leading cause of wrecks behind speeding and impairment due to alcohol or drugs which is why they saw fit to enact legislation that would subject distracted drivers to criminal liability in the same way that other impaired drivers are charged.
The electronic dui law has seemed to work. As traffic accidents due to distracted drivers has continuously declined year over year. In 2017, the last year before the e-dui law took effect, 13,758 crashes occurred in king county, Washington due to distracted driving which dwarfs the 4,988 crashes seen in 2021. According to the Washington traffic safety commission, 30% of crash fatalities are a result of distracted driving and drivers are three times as likely to get in an accident when they are talking on the phone. While the law seems to be having the desired effect, the fact remains that another law banning a certain behavior opens each individual up to more possibility to be criminally charged and convicted for committing what most people think is a safe act, like checking some email notification before the light turns green.
According to the national conference of state legislatures, 24 states have a total ban on the hand-held use of cell phones while 48 states ban text messaging while driving. While no state totally outlaws the use of cellphones, 36 states do prohibit novice or teen drivers from any use of their cellphones. The federal government is trying to encourage states to pass distracted driving laws. Passage of this type of law makes states eligible for a distracted driving grant if the state passes a law banning texting while driving without exceptions and a law that prohibits drivers under the age of 18 from using a cell phone while driving. While in office, president Barrack Obama went so far as to issue an executive order banning the use of text messaging while driving.
Mississippi does not currently have an e-dui statute. In fact, the only drivers disallowed from talking on the phone while driving are bus drivers and drivers only holding a learners permit rather than a license. A driver found to be texting or using their device in some other manner may be fined up to $100. That fine jumps to $1,000 the texting or social media use results in an injury during a car wreck.
What should an offender do if they are charged with a crime related to improper cell phone use while driving?
If you have been looking for a qualified, experienced criminal defense attorney in the state of Mississippi, look to Vic Carmody Jr., P.A. over the decades, we have helped defendants pursue favorable outcomes and clear themselves of any false allegations of wrongdoing. Of course, being accused of and charged with a crime is an unpleasant experience, there are many defense strategies that may be employed to defend against the allegation. Call us today for your consultation to learn more about what service we may provide for you. Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is office@mississippi-lawyers.com