In a wave of national momentum, the Indiana legislature is moving to ban the use of cell phones for text messaging in an effort to make our roadways safer in Indiana. While I agree that something needs to be done, I’m not sure that some measures being taken appropriately fit the gravity of the offense. Both introduced bills are below, and have only been given First Reading so far.
Indiana Senate Bill 0018 (Introduced by Senator Travis Holdman, R-Dist.19, Hamilton County):
Texting while driving. Provides that it is a Class C infraction if a person uses a telecommunications device to transmit a text message or electronic mail message while operating a moving motor vehicle. Repeals current definition of “telecommunications device”.
Indiana Senate Bill 0111 (Introduced by Senator Tim Lanane, D-Dist. 25, Monroe County):
Texting while driving. Makes it a Class C misdemeanor to use a handheld wireless communications device to transmit a text message or electronic mail message while operating a moving motor vehicle, and enhances the penalty for repeat offenses or if a person is injured or killed. Provides that texting while driving may constitute a predicate offense for a habitual traffic violator determination. Makes conforming amendments.
In my opinion, the first bill, though still somewhat vague at this point, seems to fit the nature and gravity of operating while texting (“OWT”), while the second bill seems at least a bit excessive. To put this in perspective, a first-time offender driving under the influence (“DUI”) or operating while intoxicated (“OWI”) could be convicted of a Class C Misdemeanor if no personal or property damage resulted from the offense. The second bill brings text messaging to the same level of offense.
This is not to mention the complex problems created by enforcing the statute(s). Probable cause for these crimes would rely solely on the subjective judgment and subsequent testimony of officers, and possibly corroborated by telephone records? From a distance, how can an officer accurately tell if a suspect is texting or just talking on his cell phone? Violations of this law would likely come down to who could bring the more skilled lawyer, the State of Indiana or the defendant. Is that how law should be enforced?
I seem to agree with Senator Holdman. Leaving the violation as an infraction makes a great deal more sense when you consider that the courts are already severely overburdened. Do we want to create a new crime in Indiana punishable by up to 60 days in jail for texting while driving? What do you think, Northwest Indiana?