Distracted Driving: Warning Signs and Consequences

We should all be aware of the dangers of distracted driving. There are many types of distractions while driving—eating, posting on social media, using the navigation system, or using a cell phone. Distracted driving involves anything that takes the driver’s attention from the road.

Sending a single text takes your eyes off the road for five seconds. At 55 miles per hour, that’s like driving the length of a football field with your eyes closed. For legal advice after getting a distracted driving ticket, talk to a traffic violation attorney.

State Laws Against Texting While Driving

The National Highway Traffic Safety Administration (NHTSA) reports that distracted drivers were involved in 3,522 — 8.2 percent — of all traffic fatalities in 2021 alone. There are thousands more nonfatal motor vehicle crashes involving distracted driving.

In an effort to curb dangerous driving habits and increase public safety, most states have enacted distracted driving laws and are increasing law enforcement. All states but Montana have enacted a ban on text messaging for drivers, though the specifics vary.

Distracted driving laws vary by state. Some states prohibit any cellphone use while driving. Other states prohibit text messaging. A few states prohibit handheld cellphone use only in certain areas or for certain drivers.

In New Jersey, there are programs that allow motorists to report aggressive driving, but specific procedures for reporting texting while driving may vary. Reported drivers will receive a written notice in the mail stating that they were observed texting while driving and notifying them of penalties if pulled over.

For example, Washington state’s legislature enacted one of the most sweeping new distracted driving laws in the nation, entitled the Driving Under the Influence of Electronics (DUIE) Act. The new law effectively makes it a violation to use any personal electronic device for any purpose other than an emergency when driving a vehicle, including when stopped in traffic. It is legal to use a device when parked over to the side of the road, remaining “safely stationary.”

Under the state law, any manual activity related to the use of electronics is banned, including:

• Sending text messages
• Talking on the phone while holding it
• Looking at or taking photos
• Multitasking while taking full attention away from the road

These risky driving activities are illegal whether moving or stopped at a red light, stop sign, or in traffic. A dashboard mount allows for hands-free talking or for a GPS, but not for viewing video or other uses.

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Penalties for Distracted Driving

Many states have monetary penalties for a DUIE offense. For example, monetary penalties in Washington state for each DUIE offense may go up to $250. As a primary offense, you don’t need to have committed any other driving error; you can be cited for phone use alone.

Colorado revised its texting statute, and fines can now reach up to $300 if the texting is considered careless driving. Texting while driving in Colorado is a primary offense.

In Arkansas, a first offense is punishable by a fine of up to $250. Each subsequent offense is subject to fines of up to $500. If you’re in an accident and found to have been using a wireless device at the time, police will include this in the accident report. You can also face double the usual fine.

In New Jersey, the penalties for a first offense include a fine of $200 to $400. For a second offense, the fine is $400 to $600. For the third offense, penalties increase to a $600 minimum, points on your driving record, and a 90-day suspension of your driver’s license.

Distracted Driving for Certain Drivers

Some states have separate distracted driving laws for certain drivers, like school bus drivers or novice drivers in certain age groups. For example, young drivers in Colorado under 18 may not use cell phones at all while driving except in an emergency.

In 2009, Arkansas enacted “Paul’s Law,” which specifically bans texting, emailing, or accessing the internet while driving. The law was named for a father of three who was killed by a driver sending a text message.

• Drivers over 18 but under 21 years of age may not use handheld phones
• Teen drivers under 18 and school bus drivers may not use cell phones at all while driving, except in an emergency
• Prohibited use of cell phones in school and highway work zones

Sleep-Deprived Driving

Another threat to road safety is a condition dubbed “drowsy driving.”

Virtually every driver has experienced the state of momentarily nodding off. Studies and highway safety statistics have long demonstrated that driving in a state of extreme fatigue has parallels to drunk driving. Not sleeping for 20 hours or more causes cognitive and motor impairments comparable to a blood alcohol content of .05 percent to 0.1 percent.

In 2003, New Jersey lawmakers enacted “Maggie’s Law,” becoming the first state to enact a law against drowsy driving. The law establishes an inference of reckless driving if the driver fell asleep at the wheel or drove after a period in excess of 24 hours without sleep.

However, many states do not have a specific drowsy driving law. In some states, falling asleep while driving could be negligent driving, punishable by a traffic ticket and a fine.

Preventing Drowsy Driving

You can take steps to prevent drowsy driving by recognizing the risk. According to the National Sleep Foundation, warning signs that you are too sleepy to drive include:

• Difficulty focusing
• Frequent yawning
• Drifting from your lane
• Memory lapses
• Missed road signs or exits

Getting an Experienced Traffic Attorney

If you’re facing criminal charges related to distracted or drowsy driving, search the Super Lawyers directory for a criminal defense attorney with experience in traffic violations.