Text messaging from the driver’s seat of a car could become a more serious crime in the commonwealth. Currently, texting while driving is against the law in Virginia — but as a “secondary” offense, meaning that it can only be cited if the driver is caught breaking a primary law such as speeding. Now, the Virginia State Crime Commission — which presents legislative recommendations to the General Assembly — is considering whether to classify texting and driving as “reckless driving,” making it a primary offense with a maximum punishment of one year in prison. Upgrading the offense of motor vehicle texting would be difficult to enforce; instead of merely cracking down on texting, lawmakers would be better advised to retool the law to address handheld devices in general.
The arguments against texting in the car have their origin in the state of Virginia. A Virginia Tech Transportation Institute study in 2009 — what The New York Times called “The first study of drivers texting inside their vehicles” — revealed just how much more dangerous a driver could be when staring at a cellular phone. This study documented truck drivers for 18 months by placing cameras on-board in their vehicles. It found that the risk of an accident was 23 times greater if a truck driver was texting, and further studies have displayed how the dangers are common to vehicles of all models and types.
In the wake of this and similar studies, state legislation on texting and driving has gained momentum in the last several years. There are currently 39 states that outlaw such practice, including Virginia. Among those states, texting and driving is a primary offense in 35 of the 39. But Virginia is one of only four to make texting a secondary offense.
As states have ratcheted up the laws against texting, police officers have found it nearly impossible to make a citation. Talking on cell phones is still legal in numerous states, so the distinction of whether someone is texting or dialing can be hard to assess — especially by a police officer, who has to peer into windows to make such a judgment. Thus, making texting a primary offense puts an increased burden on officers — they have to be on the lookout for cell phones, in addition to typical violations such as speeding, all the while keeping two hands on the wheel and two eyes on the road.
The status quo sends a message that Virginia disapproves of texting while driving but will leave it up to individual drivers to manage their phones and their cars. Critics might say that this is not good enough — that texting should be illegal before accidents happen or cars begin swerving. Nevertheless, any law on texting, regardless of whether the offense is classified as primary or secondary, puts an undue pressure on officers. Instead, if the law prohibited not just texting but handheld electronic devices, police would be able to identify those breaking the law more speedily. Drivers would also be prevented from engaging in related activities — such as calling or scanning the Internet — that have proven just as dangerous to them and those on the road.
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