July 1, 2010 Georgia’s new law entitled “Caleb Sorohan Act for Saving Lives by Preventing Texting While Driv-ing” went in effect. Caleb Sorohan was an 18 year old college freshman when he was killed last year in a head-on collision because he was texting while driving. Since his death, his family has urged state law-makers to pass the texting ban.
Under this new law, anyone who text while driving may be fine $150 and have 1 point added to their driver’s history. O.C.G.A. §40-5-57(c)(1)(A). If you are 18 years or older, the new driving law states “No person shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommuni-cations device to write, send, or read any text based communication, including but not limited to a text message, instant mes-sage, electronic mail, or Internet data." O.C.G.A §40-6-241.1(B).
To Be Or Not To Be?
That Is the Question: Can it be Enforced?
Unlike the other new law against distracted driving which prohibits anyone younger than 18 years old from using cell phones at all while driving a motor vehicle. The Caleb Sorohan Act allows adult drivers to speak on a cell phone so long as there is no texting. So the question becomes how effectively can this law be en-forced?
First, the Officer has to determine if the driver is an adult or minor. Once it is determined that a driver is 18 years or older. The Officer must decipher whether you were texting while driving (TWD) or simply talking on your cell phone. How would an officer be able to distinguish? Even if the officer claims he witnessed the driver texting. How does he prove it?
The driver does not have to give the officer his cell phone. Only if the driver voluntarily gives his cell phone does the officer have an opportunity to search & verify texting.
Practically speaking, the officer may become irritated by the driver’s reluctance to give up the cell phone which may result in an arrest. But if the TWD case goes to court there are two readily available defenses: 1) the classic, “I didn’t do it. The officer made a mistake” or 2) the distinction, “I wasn’t texting I was talking and that is not against the law.” It is the State’s burden to prove the case against you beyond a reasonable doubt. Sure, the State can subpoena cell phone records. But, it is unlikely the State would use up so much time & resources to pursue a $150 traffic case. It becomes your word against the officer’s before a judge or jury of your peers who all most likely have cell phones…that they have used while driving.
Whose that Knocking At My Window?
The Other Consequences of TWD
The significance of this new law is how it affects other laws. For instance, if a driver causes an accident due to texting which results in another’s death, violation of this law could persuade the prosecutor to pursue vehicular homicide charges.
Additionally, law enforcement now have another legitimate reason to stop your vehicle. Georgia law requires officers to state a reasonable articulable suspicion for stopping a driver in a motor vehicle. If the officer fails to do so, then even DUI or drug trafficking charges may be dismissed. In this case it doesn’t matter if you were texting or actually talking on the phone because Georgia law does not require that the officer’s stated reason is correct. So even if the officer mistakenly thought you were texting while driving he would still be able to articulate a valid reason for the stop.
Killing Two Birds with One Stone
How will this new law affect the multi-tasker, the person who tries to do more than one thing at the same time? Colloquially it is called, “Killing two birds with one stone.” Especially when faced with a 30 minute commute in Atlanta’s traffic, a driver has prime opportunity to return calls and messages prior to arriving to his destination.
Due to questionable enforcement procedures, we do not know what effect this new law will have on drivers. However, we do know that distracted driving is not the safest way to drive. The National Safety Council, a non-profit agency, estimates that nearly 30 percent of crashes—or 1.6 million annually—are caused by drivers talking or texting on cell phones.
So whether Georgia’s new law causes a slight snicker to escape or you to follow Oprah’s mantra “No Phone in the Car”, it is a personal choice. Regardless of the effect of the new law, let’s hope it brings awareness to Georgia drivers that safety is first.
TEXTING & TICKETING By: Tamika Sykes
SYKES & LADSON LLC
Attorneys at Law
(404) 870-8410
www.sykesladson.com
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Sykes & Ladson Newsletter Volume 1 Issue 2
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