Virginia Law Makes Distracted Driving a Primary Offense

A new bill has been passed in the state of Virginia increasing the penalty for text messaging and driving, making it a primary offense, marking the country's latest attempt to curb distracted driving. Throughout the month of April, which has been set aside as Distracted Driving Awareness Month, law makers and enforcement agencies have been hard at work targeting drivers who fiddle with their cell phones while driving, passing new legislation and stepping up enforcement on the road, as driving while distracted has quickly become one of the most common causes for fatal car accidents.

Virginia's newly passed legislation, now set to go before the governor for signing, establishing the bill as law, will significantly raise the penalty for drivers caught on their phones behind the wheel, from just $20 for a first offense to $125, and $250 for every subsequent offense. Though the initially proposed bill asked for fines twice as high ($250 for first offense, $500 for additional offenses), raising the behavior to a primary offense brings distracted driving into the same realm as impaired driving. Senator George Baker, who introduced the bill, says he is pleased with its passing, as he has been trying to introduce such a law for years. I'm very pleased, because this is an extraordinarily dangerous activity. The accident rate is 23 times the rate for people that are texting compared to people that aren't, which is a phenomenal differential. It clearly will save lives."

Though text messaging has represented much of the scourge of distracted driving, the law will also punish other actions, says Delegate Scott Surovell. "You can be convicted not only if you are texting, but also if you are reading a text message, if you are sending an email of if you are reading an email."

Some other potential distractions were not addressed by the bill however, such as messaging through voice-controlled systems, or using GPS apps on a smartphone, though Barker believes any gaps in the bill can easily be filled. "Depending on how things work, there may need to be some tweaks in the future. I think what we've gone is adopted a very clear policy here, and if we need to fix the language to clarify that, we can obviously do that in the future."

With the law set to be in place, it is hoped that a stiffer financial penalty will finally send the message to drivers who have proven unwilling to set aside their phones while driving. In a number of studies conducted across the country, a large majority of motorists acknowledge the dangers of using a cell phone while driving, though many choose to do so anyway. The threat of danger has clearly not done enough to influence drivers; instituting more severe fines is likely to make a more significant impact. As the law is implemented, law makers will monitor the impact closely; if distracted driving begins to make a significant downward trend, it is likely that similar fines will be instituted in more states throughout the country.

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