No-Texting Law Goes Into Effect January 1, 2009       

The California Legislature is routinely passing laws to generate additional revenue.  This new law change is just another example of it.

First came the Hand-Held Wireless Telephone: Prohibited Use Statute (Vehicle Code 23123), which made it unlawful for a person over 18 years of age to drive while using a wireless telephone unless that telephone was specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.  Drivers under the age of 18 were prohibited from using any electronic devices while driving.   This law went in to effect on July 1, 2008; but it contained one minor loophole: it did not prohibit text messaging.  As a result, the California Department of Motor Vehicles reports that another new law will go into effect to close the loophole: the no-text law.   

The new law, starting January 1, 2009, prohibits writing, sending, or reading a text-based communication while driving for all drivers in California.  This law will apply to electronic wireless communication devices used to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.  Thus, no texting while driving!

To date, California Connecticut, New York, New Jersey and Washington are the only states that ban all drivers from using hand-held phones. The New Jersey and Washington state laws also prohibit text messaging.  Alaska and Minnesota recently approved their own bans on text messaging. 

Now the inclusion of such a seemingly trivial law change in a DUI Defense Specialist’s blog may initially seem odd to you; but the purpose of apprising readers of these new law changes is to advise drivers that conducting either of these prohibited acts may provide police officers with a reason to pull you over.  Thus if you have been driving after consuming alcohol, and you are pulled over for either one of these new law violations, regardless of how well you may have been driving before the officer allegedly observed you violating either one of these new law violations, you could be stopped, detained and questioned regarding whether the alcohol you consumed affected your ability to safely operate a motor vehicle in violation of the California Drunk Driving Laws.  Thereafter you could be arrested and charged with driving under the influence and need the assistance of a DUI Specialist to determine whether or not what the officer allegedly observed constituted an actual violation of the new laws.