Attention Washington drivers: starting today, it is illegal to hold a cell phone up to your ear while operating a vehicle. The new cell phone law prohibits drivers from texting or calling while driving. Such violations are a primary offense at $124.00 per ticket. There are some exceptions, including emergencies and utilizing your phone in hands-free mode.
Under the new law, a police officer may pull you over just for seeing you hold a cell phone up to your ear or scan your phone for a text or email.
Washington State law broadly interprets, “operating a moving motor vehicle” to include when one is driving in a parking lot; pulling out of a driveway; driving through a fast food drive-thru; traveling through a four-way stop, stop light, or in stop and go or slowed traffic.
There are exceptions to the law:
If the driver is using a hands-free device to make or receive the call; and
If the user of the handheld cell phone is:
- driving an authorized emergency vehicles or tow truck, or
- reporting illegal activity, or
- summoning medical or other emergency help, or
- preventing injury to a person or property.
“Texting” does not include reading, selecting or entering a phone number for purposes of placing a phone call. Voice-operated global positioning or navigation system that is affixed to the vehicle and that allows the user to send or receive messages without diverting visual attention from the road or engaging the use of either hand also does not constitute “texting.”
There is debate as to whether the new law will actually make the roads safer. Only time will tell via the level of enforcement and driver responsibility.
In the meantime, if you know that despite the $124.00 fine, you will continue to chat on a handheld phone, or scan and send texts and emails, then you may consider purchasing an application that blocks calls and texts while your vehicle is moving. See: Cell Phone Apps That Block Texts and Calls.
Copyright © 2010 The Filutowski Law Firm, PLLC. This post is intended for general information purposes only and should not be construed as legal advice or legal opinions on any specific facts or circumstances. An attorney-client relationship is not created or continued by reading this post. If you would like further information regarding the matters discussed herein, you may post a comment. If you need a consultation on a legal matter, contact Alexandra Filutowski.
