The original text messaging bill (EHB 1214) passed in 2007 went into effect on January 1st, 2008.

The other bill was cell phone  related (ESSB 5037) and prohibited cell phone use while driving without the use of a hands free device.

These bills were both passed into law as Secondary Offenses which meant that the only way you would be ticketed for a violation was to be caught committing a primary driving offense such as running a stop-sign or speeding.

Senate Bill 6345 removes the Secondary Offense and makes both Text Messaging and Cell Phone use while driving a Primary Offense.

This means if you are seen by an officer of the law driving down the road and you are talking with your cell phone to your ear or text messaging, you can be ticketed for that offense alone.

That doesn’t mean you can’t dial a phone since the law differentiates  between dialing to make a phone call and text messaging.

This part of the law typically leads people to ask HUH?

How does an officer know if the person is dialing a number or text messaging?

Good question, and we would think that since the same question has come up time and again in other states that somehow the state law makers would have had this tiny flaw in the plan sorted out by now.

But enough with nit-picking the details; the fine for an offense is $124 and the ticket will not go on the driving record of the offender.

Instruction Permit and Intermediate License Holders

Another change to Washington Cell Phone / Text Messaging law is that drivers under the age of 18 (instruction permit and intermediate license holders) will be prohibited from using a cell phone except in emergency situations.

Relevant Details of the Bill – (Paraphrased and Incomplete)

Summary of Changes to Cell Phone / Text Messaging Law – Senate Bill 6345

All Drivers:

A person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction.

Exceptions:

An authorized emergency vehicle, or a tow truck responding to a disabled vehicle;

A moving motor vehicle using a wireless communications device in hands-free mode;

A moving motor vehicle using a hand-held wireless communications device to:

Report illegal activity;

Summon medical or other emergency help;

Prevent injury to a person or property; or

Relay information that is time sensitive between a transit or for-hire operator and that operator’s dispatcher, in which the device is permanently affixed to the vehicle.

Instruction Permit Holder:

Effect of instruction permit. A person holding a driver’s instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

The person has immediate possession of the permit and;

The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property

Intermediate License Holder:

The holder of an intermediate license may not operate a moving motor vehicle while using a wireless communications device unless the  holder is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property.

Removed From Original Law

Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.

Senate Bill 6345 has now been approved by the House and has been sent to the Governor to be signed.

Summary : Under existing law, there are no additional penalties for driving under the influence with an extreme percentage of blood alcohol content.

Also, the law provides that a person convicted of a third offense receives a mandatory minimum sentence greater than that for a fourth offense.

Also, the law has been judicially interpreted to prohibit consideration of prior convictions older than 5 years for purposes of habitual offender sentencing.

This bill would double the minimum sentence for a person convicted of DUI who has 0.15 percent or greater by weight of alcohol in his or her blood, thereby satisfying one of the programmatic criteria for federal grant eligibility under the federal “Safe,  Accountable,  Flexible,  Efficient Transportation Equity Act:  A Legacy for Users” (SAFETEA-LU).

In addition, this bill would increase the minimum mandatory sentence for a fourth offense from 10 days to 120 days not subject to probation or suspension; clarify that any prior conviction, regardless of date and regardless of whether it was in-state or out-of-state, will count as a prior conviction for purposes of sentencing repeat offenders; and would make technical corrections.

To Read the Bill Please go to Alabama HOUSE BILL 87…

The bill will now be sent to the governor who has said that he will sign the bill.

If the bill is signed, the new Wyoming Text Messaging Law will go into effect on July 1st, 2010.

Wyoming Senate File 20 has continued to move forward in the House.

Description: Prohibiting the use of electronic wireless communication devices for sending text or electronic mail messages while operating a motor vehicle; providing exceptions; providing definitions; providing penalties;  and providing for an effective date.

Details: Text-based communications prohibited while driving

No person shall operate a motor vehicle while using an electronic wireless communication device to write, send or read a text-based communication.

This section shall not apply to a person who is using the electronic wireless communication device:

(i) While the vehicle is lawfully parked;

(ii) To contact an emergency response vehicle; or

(iii) To write, read, select or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.

This section shall not apply to a person operating an emergency response vehicle or while performing official duties as an emergency responder.

If this bill passes and is signed by the governor, Wyoming would become the 20th state to pass a statewide texting ban.

The law would be a primary offense, meaning that a driver could be pulled over and ticketed if an officer “see’s” the offense taking place.

The bill now goes for a final vote in the House.

The fine for the offense would cost the offender $75.

Tennessee Senate Bill 2965 / House Bill 2768

The summary below was taken from the State of Tennessee Legislative website. It is not a complete summary, but summarizes potential changes to current Tennessee DUI Laws. If you want to read the entire bill and summary use the link posted above.

“This bill adds that if a person convicted of a DUI applies for and the court orders the issuance of a restricted motor vehicle operator’s license, the court must also order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device, if at the time of the offense, the defendant:

(A) Has a blood or breath alcohol concentration of .15 percent or higher;

(B) Is accompanied by a person under 18 years of age; or

(C) Violates the present implied consent laws. However, the court may not make such an order if the law enforcement officer requesting the drug or alcohol test failed to advise the defendant that the defendant would be only allowed to operate such a motor vehicle if the defendant refuses to submit to such a test.

This bill requires that if a person is ordered to drive only a motor vehicle with a functioning ignition interlock device installed on such vehicle, then this restriction would be a condition of the person’s probation or court supervision, if the person is subject to probation or supervision, for the entire period of the restriction. This bill requires the court to notify the board of probation and parole or any other entity that is responsible for the supervision of the person (referred to in this summary as the board) that the person is ordered to drive only a motor vehicle with a functioning ignition interlock device.

This bill requires a licensed ignition interlock provider providing a functioning ignition interlock device to a person to report to the board any evidence of such person’s:

(1) Altering, tampering with, bypassing, or removing a functioning ignition interlock device;

(2) Failing to abide by the terms or conditions ordered by the court, including failing to appear for scheduled monitoring visits; and

(3) Attempting to start the motor vehicle while under the influence of alcohol.”

Tennessee House Bill 3894

This bill revises the punishment for a fourth or subsequent conviction for DUI. Under this bill, the fourth conviction for DUI would be a Class D felony punishable by a fine of between $10,000 and $20,000 and by confinement for the entire sentence imposed by the court for the offense, to be served day for day. Additionally, the court must prohibit such person from driving a motor vehicle for five years.

Under this bill, a fifth or subsequent conviction for DUI would be a Class C felony punishable by a fine of between $15,000 and $30,000 and by confinement for the entire sentence imposed by the court for the offense, to be served day for day. Additionally, the court must prohibit such person from driving a motor vehicle for 10 years.

Tennessee House Bill 3559 / Senate Bill 3559

Bill Summary

Under present law, the penalties for DUI increase based on the number of prior DUI convictions the defendant may have. Present law provides that a person who is convicted of DUI is not considered a repeat or multiple offender if 10 or more years have elapsed between the conviction and any immediately preceding conviction for a violation. However, if a person has been convicted of DUI within 10 years of the present violation, then the person is considered a multiple offender and is subject to the increased penalties. If a person is considered a multiple offender, then every DUI conviction within 10 years of the immediately preceding violation is considered in determining the number of prior offenses, but in no event is a conviction for a violation occurring more than 20 years from the date of the instant conviction considered for that purpose.

This bill adds that for purposes of determining whether a person convicted of DUI is a multiple offender, if a person is charged with and convicted of DUI and then charged with and convicted of another DUI violation, the person may be sentenced as a multiple offender for the later conviction regardless of the dates on which the offenses occurred.

Senate Bill 794 -  (S-1) would amend the Revised Judicature Act to create a three-year DWI/sobriety court interlock pilot project beginning on January 1, 2011, for individuals convicted of two or more violations of operating a vehicle while intoxicated or while impaired.

The bill also would do all of the following:

– Require a participating DWI/sobriety court judge to certify to the Secretary of State that a person seeking a restricted license had been admitted to a DWI/sobriety court and that an interlock device had been placed on each vehicle owned or operated by that person.

– Require a DWI/sobriety court judge to inform the Secretary of State if a program participant were terminated or committed certain violations; and require notification to result in the summary suspension or revocation of the person’s restricted license.

– Require DWI/sobriety courts participating in the pilot project to report annually to the Legislature, the Secretary of State, and the Supreme Court.

Senate Bill 795 – (S-1) would amend the Michigan Vehicle Code to require the Secretary of State to issue a restricted license to a person whose license was suspended, restricted, revoked, or denied based on two or more convictions of driving while intoxicated or while impaired, if the person’s license were suspended or revoked for 45 days, he or she were admitted into a DWI/sobriety court, and an ignition interlock device had been installed on each motor vehicle he or she owned or operated. The bill also would do all of the following:

– Prohibit the issuance of a restricted license if the person were otherwise ineligible for a driver license, unless the ineligibility were based on certain violations.

– Allow a person with a restricted license issued under the bill to operate only a vehicle equipped with an ignition interlock device, to take any required driving skills test, and to drive to and from any combination of the person’s residence, workplace, or school and a court-ordered alcohol or drug education or treatment program.

– Specify that a restricted license issued under the bill would be effective until a hearing officer ordered an unrestricted license.

– Prohibit a person issued a restricted license under the bill from being considered for an unrestricted license until the court notified the Secretary of State that the person had successfully completed the DWI/sobriety court program or the minimum period of license sanction otherwise required had been completed, whichever was later.

– Require the Secretary of State to summarily impose license sanctions, if he or she received notification from the DWI/sobriety court that a program participant was terminated from the program or had committed certain violations.

– — After a person completed a DWI/sobriety court interlock pilot project program, require a restricted license issued under the bill to be suspended, revoked, or denied for certain violations.

– Require that all driver responsibility fees required to be assessed by the Secretary of State for the conviction or convictions that led to a restricted license under the bill be held in abeyance during the time the person had a restricted license and was participating in the DWI/sobriety court interlock pilot project.

– Exempt a program participant’s vehicle from immobilization or forfeiture requirements if he or she remained in good standing with the DWI/sobriety court pilot project program, successfully completed the program, and did not subsequently violate a Michigan law for which vehicle immobilization or forfeiture was a sanction.

If the bill is signed into law in it’s current form it would accomplish the following:

The fine for first time hands free law offense would increase from $20 to $50 and subsequent offense fines would increase from $50 to $100.

The bill would expand the current law and apply the texting and hands free laws to bicyclists.

In addition the text messaging fine would increase to $100. The current fine is $20 for a first offense and $50 for a subsequent offenses.

Violations of either of these laws will also cost a driver One (1) Point on the offenders driving record.

According to his webiste,  recent “Collision and fatality data from the California Highway Patrol (CHP) confirms that California’s streets and highways are safer following the implementation of California’s ‘hands-free’ cell phone law.”

The article goes on to say that “CHP certified numbers from the first six months of the law’s implementation show a 20 percent reduction in fatalities and collisions in California when compared to the same six month period over the past three to five years.”

Impressive statistics and a potential counter-punch to a recent study by the Highway Loss Data Institute that showed little, if any benefit to cell phone laws in general.

To Read the bill for yourself, Please Visit >>>>> California Senate Bill 1475

Senator Joe Simitian’s Past Distracted Driving Legislation

In 2006, Simitian authored Senate Bill 1613 making it illegal for California drivers to talk on a cell phone without a hands-free device (effective 7/1/08),

In 2007 Simitian’s Senate Bill 33 made it illegal for new drivers under the age of 18 to talk on a cell phone while driving, even with a hands-free device, or use any other mobile service device (effective 7/1/08); and

In 2008 Simitian’s Senate Bill 28 made it illegal for drivers in California to send, read or write text messages while driving (effective 1/1/09).

The two bills in Alabama are Alabama Senate Bill 53, and Alabama House Bill 322.

Alabama Senate Bill 53 – Description: Relates to motor vehicles and driving under the influence, increases the penalties for violations by requiring a person authorized to drive a motor vehicle after a conviction of driving under the influence to have installed and operating an ignition interlock device for certain periods of time.

Selected Paraphrase of Bill Description:

The bill would require the Department of Forensic Sciences to certify ignition interlock devices. The Department of Public Safety would be required to issue restricted driver’s licenses for persons required to drive only with an ignition interlock device and would authorize a fee for the issuance of the license and reinstatement of a regular license. This bill would also indemnify the state from liability related to the installation of the devices.

Alabama House bill 322 - Relates to motor vehicles and driving under the influence, increases the penalties for violations by requiring a person authorized to drive a motor vehicle after a conviction of driving under the influence to have installed and operating an ignition interlock device for certain periods of time, provides for the installation and certification of ignition interlock devices, imposes certain duties.

Selected Paraphrase of Bill Description:

To increase the penalties for violations by requiring certain persons authorized to drive a motor vehicle after a conviction of driving under the influence to have installed and operating an ignition interlock device for certain periods of time; to provide for the installation and certification of ignition interlock devices.

Vermont House Bill 363 – Allows a court to order a person to install an ignition interlock device in his or her vehicle upon a second or subsequent offense of operating under the influence, or an offense of operating under the influence in which the person’s alcohol concentration was 0.15 or higher. An ignition interlock system is a device similar to a breathalyzer which is installed in a vehicle’s dashboard. It allows a motor vehicle to be operated only after the driver has blown into it.

Selected Paraphrase of Bill Description:

This bill proposes to allow a court to order a person to install an ignition interlock device in his or her vehicle upon a second or subsequent offense of operating under the influence, or an offense of operating under the influence in which the person’s alcohol concentration was 0.15 or higher. An ignition interlock system is a device similar to a breathalyzer which is installed in a vehicle’s dashboard. It allows a motor vehicle to be operated only after the driver has blown into it, and the device determines that the driver’s blood alcohol is below a certain limit. The bill would require the person to pay the costs of installing, removing, and leasing the ignition interlock device.

The State of Wyoming legislature is moving on Senate File 19.

The bill has already been approved by the Senate and is now making it’s way through the House.

If the bill becomes law, it would make it illegal for a driver to have a blood alcohol concentration of .08% within two hours after the time of driving or being in control of a vehicle (see paraphrased section below)
“Has an alcohol concentration of eight one hundredths of one percent (0.08%) or more, as measured within two (2) hours after the time of driving or being in actual physical control of the vehicle following a lawful arrest resulting from a valid traffic stop.”

In addition,  if the bill were signed into law in its current form it would strengthen Wyoming DUI Laws by changing then number of repeat offender violation years from 5 years to 10 (see paraphrased section below).

“On a second conviction within five (5) ten (10) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than seven (7) days nor more than six (6) months.”

“On a fourth or subsequent conviction within five (5) ten (10) years for a violation of this section or other law prohibiting driving while under the influence, he shall be guilty of a felony.”

“A person younger than twenty-one (21) years of age shall not operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more nor operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more as measured within two (2) hours after the time of driving or being in actual physical control following a lawful arrest resulting from a valid traffic stop.”

Washington Senate Bill 6345 has just passed through the State Senate and moves on to the House for consideration.

If the current text of the bill stays intact and the bill is signed into law, violating the current Washington Cell Phone Law will now become a primary offense.

This means an officer of the law will be able to pull you over if they have seen you texting or talking on a cell phone while driving.

Previously you would have had to be violating a primary offense such as speeding or running a red light to be ticketed for a violation of the cell phone law.

A Violation of the law would cost the offender $124

The new bill also prohibits cell phone use for drivers under the age of 18 that hold an intermediate license or a learner permint.

To Read the Bill please go to >> Washington Senate Bill 6345

The New Jersey Assembly has passed Assembly Bill 407. If the bill were to become law in it’s current form it would prohibit the use of  a “wireless telephone or electronic communication device” by operators of public transit operators.

The bill now moves on to the Senate.

Bill Statement – This bill would prohibit the use of a wireless telephone or electronic communication device by an operator of a moving vehicle involved in the provision of public transportation service.

Such service may be provided by New Jersey Transit, any public or private entity under contract to New Jersey Transit, or any private entity operating under the authority of a certificate of public convenience and necessity.

“Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message a via the wireless telephone or electronic communication device.

An operator of a moving vehicle involved in the provision of public transportation service may use a wireless telephone or electronic communication device in the event of an emergency or when radio communication failure occurs.

A violation of this bill is considered a disorderly persons offense, which is punishable by a fine not exceeding $1,000, imprisonment for up to 6 months, or both.