1. Alabama’s Ban on Texting While Driving 32-5A-350
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APOSTC July 2012

2. Objectives Introduction to the law Understanding the problem
Discuss enforcement strategies

3. What’s in the law?
Title 32-5A-350 & Other Provisions

4. No Texting While Driving
32-5A-350(b)
A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.

5. Definitions… 32-5A-350(a)(1) 32-5A-350(a)(2)
WIRELESS TELECOMMUNICATION DEVICE. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term "wireless telecommunication device" does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.
WRITE, SEND, OR READ A TEXT- BASED COMMUNICATION. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.

6. Legal or Illegal under this law?

7. Primary Violation 32-5A-350(d)
Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.

8. Fine Schedule (Minus Court Costs)
Crime & Punishment
Fine Schedule (Minus Court Costs)
Other Provisions
32-5A-350(c)
A person who violates subsection (b) is subject to fines as follows:
(1) Twenty-five dollars ($25) for a first violation.
(2) Fifty dollars ($50) for a second violation.
(3) Seventy-five dollars ($75) for a third or subsequent violation.
32-5A-351
A conviction of this act shall be entered on the driving record of any individual charged under this act as a two-point violation.
32-5A-352(a)
In any case brought by a law enforcement officer employed by the Department of Public Safety all funds fines shall be allocated to the State General Fund.

9. Maintain Statistics 32-5A-352(b)
Each state, county, and municipal law enforcement agency shall maintain statistical information on traffic stops made pursuant to this act on minority groups and report that information monthly to the Department of Public Safety.

10. Understanding the Problem

11. NHTSA Survey Regarding Texting While Driving
Percentage that admitted they did text or
Do you ever send texts or s while driving?

12. NHTSA’s Blueprint for Ending Distracted Driving
Raise Public Awareness
Lead by Example
Research & Development
Enact & Enforce Tough State Laws

13. Enforcement Strategies

14. Not all phone use is illegal while driving
Texting
Writing a text
Reading a text
Sending a text
ing
Writing an
Reading an
Sending an IM
Instant Messaging
Writing an IM
Reading an IM
Talking on the cell phone
Listening to a text
Verbally composing a text
Using cell phone to look up contacts
Using cell phone as GPS
Using cell phone as a camera
Using a cell phone to listen to music

15. Discernment
Officers’ biggest challenge will be trying to determine if the driver is illegally texting or doing some other act that is not deemed illegal under the law.

16. Effective Enforcement
Do’s
Don’ts
Visually ensure that texting is taking place if possible
Photo/Video violation taking place
Make note of confessions
Watch from the roadside of congested areas
Texting while stopped is also illegal
Note time of the offense by your phone
Don’t text while driving on duty
Don’t attempt to use your phone to photograph the offender using his phone
Everything on your phone could be open to examination
Don’t ask for the offender’s phone
There is no language that allows that type of seizure

17. Searching the Suspect’s Cell Phone
Is it necessary?
You already saw the offense take place.
Do you conduct searches during other moving violations?
Is there case law about this? Kinda…
People v. Gregory Diaz (California Supreme Court)
USA v. Abel Flores-Lopez (US Court of Appeals 7th Circuit)
Both of these cases allowed searches of cell phones by police.
However, both cases were custodial arrests for felonies.

18. Conclusion
This law will not be popular with many… however, enforcement may save many lives.
Questions