The Great Hang Up: Can Anti-Texting, Teen Driver Phone Bans Be Enforced?

9:46 AM, May 19, 2010   |    comments
  • Share
  • Email
  • Print
  • - A A A +

    Next month, Georgia could join at least 25 other states that, according to the Insurance Institute for Highway Safety, ban texting while driving, if Governor Sonny Perdue signs a bill that's now on his desk.

    If he signs a second bill aimed at teen drivers, the state would join at least 11 others that ban teens from using phones behind the wheel, according to a National Conference of State Legislatures list

View: The Great Hang Up Special Page

    With those measures before the Governor, law enforcement are now considering how the bans could be enforced. Both Macon Police and the Bibb County Sheriff's Office say the laws would be a step in the right direction towards keeping people on the road safe. Enforcing the laws could prove challenging though, they say. 

    Both bills carry penalties for drivers who violate the laws. If a teen is caught using a phone while driving, or any driver is caught texting behind the wheel, they would face a $150 fine and 1 point added to their license.

    Macon Police Traffic Commander Lieutenant Eric Woodford says knowing that, some people who admit to texting while driving now may not be as forthcoming.

"I think it's going to be a serious challenge for law enforcement," Woodford said. 

    One challenge for officers could be catching people in the act of texting, Woodford says. Officers might not be able to see if somebody's texting with their phone in their lap, and even if they do, Woodford predicts some cases will be tough to prove.

"I can see now in confrontations where people say we were not doing this, and officers say you were, how do we prove that?" Woodford said. "Just mere riding down the road with a person with a phone in their hand doesn't constitute texting." 

    Woodford says police officers cannot check a driver's phone without a search warrant. 

    Bibb County Sheriff Jerry Modena thinks the bill that bars drivers under 18 from using phones could save lives, but enforcing it could be tough because of the age provision. He says deputies have to have probable cause to pull a driver over.

"It's going to come to the officer stopping, doing some checking, not profiling, we're talking about something that appears to be talking or texting," Modena said. 

    If Perdue signs the bills, they'll become primay law. That means officers can pull you over if they spot you texting while driving, or if they spot a teen driver on the phone.

The measures would take effect on July 1.