Drivers texting, using cell phones are facing fines

Have you caught the YouTube clip of the shopper so engrossed in text messaging that she sauntered into a decorative mall fountain and toppled into the water?

Have we seriously reached the point where we need legislation to keep us focused on, um, walking? Go ahead and chuckle, but a Manhattan lawmaker thinks it is necessary and is floating a law banning walking while distracted.

New York apparently is way ahead of us on these distracted laws. Here in Nevada, a handful of lawmakers continue to pound away at passing some form of legislation that would prohibit texting while driving as motorists continue to type away behind the wheel.

It might seem silly to some that we need to enact a law to govern common sense, that we actually need to threaten motorists with hefty fines to make them understand that taking their eyes off the road for a few seconds can change someone's life, or end it.

It's not as if our elected officials have ignored the issue since it became fairly clear years ago that tapping a tiny keyboard while attempting to control a vehicle was not a good idea.

State Sen. Shirley Breeden, D-Henderson, authored a bill in 2009 that eventually died in the Assembly's hands. The senator is confident a new law will be in effect by next year.

"There was a problem back then and it still exists," she said. "I'd love to see something pass. I'm sure it will."

A few things have changed since the first attempt to pass cell phone and texting bans. Perhaps most important is that the federal government is considering stripping highway funds from states without these distracted driving laws. Now, trust me, that will jerk Nevada's elected officials to attention.

The reasons behind the opposition historically have been two-fold: Some have argued that it is too difficult to enforce. Others say such laws would violate our civil liberties.

The first argument is tough to buy, because officers don't seem to have a difficulty determining whether a driver is wearing a seat belt. This time around, however, Breeden has the backing of law enforcement because she amended her original 2009 bill to include a ban on drivers using handheld cell phones.

"Their problem with enforcing text messaging last session was because you don't know if a driver is actually sending a text unless you see their fingers moving," Breeden said.

Hold the phone! No, seriously, hold the phone and you are likely to be nailed. That's the difference in this proposal.

"Hands-free is what the bill allows," Breeden said. "Now that law enforcement can look at anyone holding a phone, it will be much easier to enforce. The goal is to keep both hands on the steering wheel."

Most studies have shown that laws requiring motorists to use head sets with their cell phones and banning texting reduce the number of accidents.

Interestingly, at least one other study found that texting bans can prove more deadly because motorists then need to hide their phone while texting and driving.

"There is always going to be someone out there who thinks, 'I won't get caught,' " Breeden said. "I think to have a law on the books like the seat belt law will deter a lot of people, and that's the goal."

Breeden's earlier bill threatened violators with fines of $20 on the first offense, $50 on the second and $100 for the third. This time around, Breeden has beefed up penalties to the point where motorists might be best off locking their cell phones in their glove boxes. The first offense would cost motorists $250, $500 for the second and $1,000 for the third violation.

The senator acknowledged the fines included in her 2009 probably would not serve as a deterrent. The penalties were set at a much higher level this year, in part because if some sort of compromise is forged with the Assembly, the fines would still hurt.

At the beginning of the session, five distracted driving bills were introduced. One authored by the Public Safety Department has since been withdrawn because it was essentially the same as Breeden's version, which mimics relatively new laws in California. Thirty states have caught on to dangerous habits and outlawed texting while driving; eight others have banned it for motorists under the age of 18. Every state that borders Nevada has distracted driving laws.

State Sen. Mark Manendo, D-Las Vegas, also has given this a shot the last two legislative sessions. This time, he proposes a law based on age, prohibiting young motorists from texting or talking on cell phones while driving. The penalties would be decided by juvenile court.

On the Assembly side, Harvey Munford, D-Las Vegas, introduced a bill that bans handheld cell phones and text messaging devices. Another bill -- supported by Assembly Speaker John Oceguera, D-Las Vegas; and Assembly members Kelvin Atkinson, D-North Las Vegas; Debbie Smith, D-Sparks; and Marilyn Kirkpatrick, D-North Las Vegas -- prohibits texting and driving.

When discussions began about the new laws, Breeden said fellow lawmakers and constituents realized how often they use their phones in the car.

"Everybody is so busy, it's easier to send a note or review documents than to wait to get back to the office," she said. "We live in such a fast-paced life; but whatever we can do to keep the roads safe, I think we need to do that."

Anybody interested in attending or testifying at a hearing on Breeden and Manendo's bill can participate at 3:30 p.m. Wednesday in the legislative hearing room at the Grant Sawyer Building, 555 E. Washington Ave.

If you have a question, tip or tirade, call Adrienne Packer at 702-387-2904, or send an e-mail to roadwarrior@reviewjournal .com. Please include your phone number.