Authored by: Matthew H. Fry, Esquire
In Pennsylvania, police are cracking down on distracted drivers who are seen using their smart phones while driving. According to the administrative office for Pennsylvania Courts, tickets are up 43 percent from 2014 to 2015. As more people are using their phones while driving, ticketing for these offenses is only expected to increase.
Technically it is not against the law in Pennsylvania to talk on your phone while driving. However, texting or emailing while driving does violate Pennsylvania’s Texting While Driving Ban. According to the justdrivepa.org website, the law provides as follows:
“The law prohibits as a primary offense any driver from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based communication while his or her vehicle is in motion.
- Defines an IWCD as a wireless phone, personal digital assistant, smart phone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.
- Defines a text-based communication as a text message, instant message, email or other written communication composed or received on an IWCD.
- Institutes a $50 fine for convictions under this section.
- Makes clear that this law supersedes and preempts any local ordinances restricting the use of interactive wireless devices by drivers.
The penalty is a summary offense with a $50 fine, plus court costs and other fees.”
Police are now using this law more than ever before to issue tickets for this type of distracted driving. Any reviewing of texts or emails, or even looking down at your phone to dial while driving could also result in a violation. While this offense does not carry any points on your license, it could result in more serious violations (and points) if it is found that you caused an accident or violated other driving laws.
In addition, if you are found to be distracted while driving and are in an accident, you could face a lawsuit for money damages from people who may have been injured. Even if you are talking but not texting or emailing it could result in you being responsible for the accident. Conversely, if you are a victim who is injured because someone is using their smart phone while driving, you may have the right to bring a lawsuit for those injuries.
If you need advice about your legal rights if you are charged with an offense related to distracted driving, or if you are a victim who has been injured by a distracted driver, the attorneys at DiOrio & Sereni, LLP can help you answer your questions. Contact Matthew H. Fry, Esquire at 610-565-5700, or send an e-mail at [email protected]
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