New Law Bans Texting and Driving

Attorney Richard H. Fuller

Effective December 1, 2010, a statewide ban will go into effect making it illegal to compose or send text messages while operating a motor vehicle. The new law is added as a subsection under the statute pertaining to inattentive driving and specifically provides that "no person may drive . . . any motor vehicle while composing or sending an electronic message or an electronic mail message." There are a few exceptions to this ban; the new law does not apply to:

1) the operator of authorized emergency vehicles; 2) the use of any device whose primary function is transmitting and receiving emergency alert messages, and messages related to the vehicle or an accessory that is integrated into the electrical system of a vehicle, including a global positioning device; 3) an amateur radio operator who holds a valid radio operators license and is using proper operating procedures; and 4) the use of voice operated or hands free devices if the driver of the motor vehicle does not use his or her hands to operate the device, except to activate or deactivate a feature or function of the device.

The texting ban is one of "primary enforcement" which means that an officer can ticket a driver solely for texting while driving. The penalties for violating this law include a forfeiture of up to $400 for the first offense, and 4 demerit points on one's driving record. Second time violators may receive forfeitures of up to $800.

By enacting this new law, Wisconsin is now one of 30 states which has banned texting while driving. The creation of this law is in response to the ever growing use of personal electronic devices (PEDs) and the research by the National Safety Council and National Highway Traffic Safety Administration (NHTSA) which shows that at least 28% of all traffic crashes – or at least 1.6 million crashes each year – are caused by drivers using cell phones and those who are texting. Research shows that almost 6,000 people died in 2009 from "distracted driving," which includes the use of cell phones and text messaging while driving.

While eight states have banned all use of handheld cell phones while driving, Wisconsin does not have a state statute prohibiting the use of handheld cell phones to talk while driving. However, drivers in this area should be aware of local ordinances when driving through Waupaca County and the City of Marshfield. Waupaca County does have a county ordinance banning cell phone use while operating a motor vehicle in Waupaca County, unless the driver is using a "hands free" device. The City of Marshfield also has a municipal ordinance which mirrors the language of that in Waupaca County.

The NHTSA has launched a website as part of a campaign to raise awareness of the dangers of distracted driving. This website is www.distraction.gov, which contains a wealth of information, resources and statistics from the entire country relating to the dangers of distracted driving and the laws which states have enacted to address these concerns.

©2011 Anderson, O'Brien, Bertz, Skrenes & Golla • 1257 Main Street • Stevens Point • Wisconsin 54481
Tel. 800-281-3643 or 715-344-0890

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New Law Bans Texting and Driving