As almost all of these posts start, I have a friend that got a texting while driving summons. He is arguing that he was told by the LEO he was texting, but there is no evidence except his looking at the phone at the time the officer observed him. He also contends, that he could have just as easily been admiring the phone's case, and except for the officers discretion at that time, he still gets the summons, and has to go to court or pay. He also contends he was stopped in traffic.
I have many questions, but I am noticing that the texting law does not "specifically" state that it is a violation to text while sitting still in traffic or at a traffic light, etc. Conversely, the texting law for Commercial vehicles is very specific about it.
And like many of this state's laws, there is vague language to discern what is actually "texting" versus say, "using the GPS" on your phone? And, is this a loophole for idiots to use the "vehicle not in motion" defense?
I DO NOT HAVE DOG IN THIS HUNT! I am obsessed with the lack of judgment I see every day on my way to work by (mostly women), clearly texting and tapping their BS. So, I wonder; if I see it so prevalently, is my buddy correct?
LEO's, what say you guys?
Here is the Statute for regular private drivers: (Note: In the Commercial section I purposely bolded the section that coincides with this subject to lesson reading).
§300.5. Use of certain wireless telecommunications devices for text messaging and social networking prohibited
A.(1) Except as provided in Subsection B of this Section, no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication. For purposes of this Section, a person shall not be deemed to be writing, reading, or sending a text message if the person reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call.
(2) No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to access, read, or post to a social networking site.
(3)(a) "Wireless telecommunications device" means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input. A "wireless telecommunications device" shall not include any device or component that is permanently affixed to a motor vehicle. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, two-way radio transmitters or receivers used by licensees of the Federal Communication Commission in the Amateur Radio Service, or electronic communication devices with a push-to-talk function.
(b) "Write, send, or read a text-based communication" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or electronic mail.
(c) "Access, read, or post to a social networking site" means using a wireless telecommunications device to access, read, or post on such device to any web-based service that allows individuals to construct a profile within a bounded system, articulate a list of other users with whom they share a connection, and communicate with other members of the site.
And here is the one for Commercial vehicles:
Redacted because "Mr Liberty" said it was too long!
(x) Texting while driving.
(xi) Use of a handheld mobile telephone while driving a commercial motor vehicle. For purposes of this Item, "driving" shall include all times that a commercial motor vehicle is being operated on the highway, including while the vehicle is stationary on the highway due to traffic, a traffic control device, or other momentary delays, but shall not include times when the vehicle is pulled to the side of, or off of, a highway, and is halted in a location where the vehicle can remain safely stationary.
I have many questions, but I am noticing that the texting law does not "specifically" state that it is a violation to text while sitting still in traffic or at a traffic light, etc. Conversely, the texting law for Commercial vehicles is very specific about it.
And like many of this state's laws, there is vague language to discern what is actually "texting" versus say, "using the GPS" on your phone? And, is this a loophole for idiots to use the "vehicle not in motion" defense?
I DO NOT HAVE DOG IN THIS HUNT! I am obsessed with the lack of judgment I see every day on my way to work by (mostly women), clearly texting and tapping their BS. So, I wonder; if I see it so prevalently, is my buddy correct?
LEO's, what say you guys?
Here is the Statute for regular private drivers: (Note: In the Commercial section I purposely bolded the section that coincides with this subject to lesson reading).
§300.5. Use of certain wireless telecommunications devices for text messaging and social networking prohibited
A.(1) Except as provided in Subsection B of this Section, no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication. For purposes of this Section, a person shall not be deemed to be writing, reading, or sending a text message if the person reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call.
(2) No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to access, read, or post to a social networking site.
(3)(a) "Wireless telecommunications device" means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input. A "wireless telecommunications device" shall not include any device or component that is permanently affixed to a motor vehicle. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, two-way radio transmitters or receivers used by licensees of the Federal Communication Commission in the Amateur Radio Service, or electronic communication devices with a push-to-talk function.
(b) "Write, send, or read a text-based communication" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or electronic mail.
(c) "Access, read, or post to a social networking site" means using a wireless telecommunications device to access, read, or post on such device to any web-based service that allows individuals to construct a profile within a bounded system, articulate a list of other users with whom they share a connection, and communicate with other members of the site.
And here is the one for Commercial vehicles:
Redacted because "Mr Liberty" said it was too long!
(x) Texting while driving.
(xi) Use of a handheld mobile telephone while driving a commercial motor vehicle. For purposes of this Item, "driving" shall include all times that a commercial motor vehicle is being operated on the highway, including while the vehicle is stationary on the highway due to traffic, a traffic control device, or other momentary delays, but shall not include times when the vehicle is pulled to the side of, or off of, a highway, and is halted in a location where the vehicle can remain safely stationary.
Last edited:
