Recent survey by the National Highway Traffic Safety Administration (NHTSA) showed that driving while using a cellphone has increased over the past year despite the fact that this has been banned by a large number of states. How widespread is this problem? According to reports about distracted driving, 18% of people surveyed by NHTSA admitted to having sent text messages or emails while driving and half of 21 to 24 admitted to driving while texting. This is a major problem.
Distracted driving is just as dangerous as DUI, but Pennsylvania lawmakers are turn a blind eye to it.
As everyone can see, this behavior is growing and the results are often devastating. According to NHTSA’s statistics, 9.4% of traffic fatalities were distracted driving related. According to many other studies, driving while texting is as dangerous or even more dangerous than DUI. The problem is, there is a huge hypocrisy in the way law makers treat both of these crimes.
Both DUI and distracted driving are crimes that are fatally dangerous. Both have claimed lives of innocent people with bright futures in front of them. However, DUI is treated as a serious criminal offense that results in jail time, license suspension, heavy fines and a permanent criminal offense while distracted driving is “penalized” with a slap-on-the-wrist $50 ticket or some such minor punishment.
The message I get from this hypocrisy is that lawmakers want to save the lives of those killed by DUI but don’t care about those killed by distracted driving. That’s the wrong message to send. How am I wrong?
Pennsylvania Bans Driving while Texting
Pennsylvania driving while texting penalties underscore the political nature of criminal penalties in PA. Under the new measure, drivers found guilty of driving while texting (DWT) would face a $50 fine. Compare this to the penalties for DUI and you will notice a huge discrepancy.
Pa. Senate Approves Texting While Driving Ban
Governor Expected To Sign Measure
POSTED: 10:51 pm EDT October 31, 2011
UPDATED: 3:10 pm EDT November 1, 2011
HARRISBURG, Pa. — Pennsylvania is getting set to join more than 30 other states that ban all motorists from texting while driving.The state Senate on Tuesday voted 45-5 to approve an amended version of a bill it easily passed in June. The state House of Representatives overwhelmingly approved the bill on Monday.Gov. Tom Corbett is expected to sign the bill.
The bill would make texting behind the wheel a primary offense so that police can pull over motorists for that violation alone.The penalty is $50 but police may not seize the cellphone or other device.However, talking on a cellphone without a hands-free device remains legal for motorists after the House removed a provision that would ban the activity. Nine states have such bans.
Both acts are equally dangerous and can result in serious injuries and even death. However, there are powerful DUI lobbies like MADD and the PA DUI Association to push for more stringent DUI laws while there are powerful cell phone lobbies who push politicians to lighten cell phone related laws. Take a look at the video below and ask yourself is there really a difference?
PA Distracted Driving vs DUI: Which is more dangerous?
I don’t like DUI drivers any more than you do. We are all well aware of the danger of drunk driving. That’s because there are huge awareness campaigns funded by powerful DUI lobbies which highlight these dangers. What most people don’t realize is that distracted driving is just as dangerous, even maybe more so. The most common forms of distracted driving are driving while talking on the phone and driving while texting.
According to the test below, driving while texting is much more dangerous than DUI.
Despite the dangers to all of us on the road, there is no statewide legislation banning driving while texting or talking on a phone on PA roads. This is a huge hypocrisy. State legislators keep increasing the mandatory minimums on DUI charges and telling us that these stricter laws are meant to protect the people of Pennsylvania. On the other hand, the laws being discussed for driving while texting or talking on a phone call for penalties in the range of $50-$100. Is this a joke?!
The fact of the matter is that lawmakers aren’t influenced by public safety as much as they are by special interests groups. There are powerful DUI lobbies pushing for stricter DUI laws while powerful cell phone lobbies pushing for no action on distracted driving legislation. The problem here in PA is so disturbing that US Transport Secretary Ray LaHood recently spoke out against the lack of action by the lawmakers in PA.
Here is a site that tracks the current legislation being discussed by PA legislators: http://handsfreeinfo.com/pennsylvania-cell-phone-laws-legislation . They run a blog that drives to bring awareness to these cases at http://handsfreeinfo.com/hfi-blog . According to one of the reports, 6,000 people have died in distracted driving accidents since 2008. I can’t say how accurate these numbers are but the problem is growing. A recent case in Pennsylvania, where a pedestrian was killed, highlights this problem and the lack of legislation to help avoid tragedies.
Imagine, you are in Pennsylvania. It is late at night. It is after 2 am which is the typical closing time for bars here in Pennsylvania. You are a police officer. You see a car that you do not recognize in front of you. It starts to weave. Then, when there is no other traffic around it crosses the lines. You stop the car. What do you think? DUI, right?
Wrong.
It’s DWT or driving while texting. It is ubiquitous. This is why you cannot profile a drunk driver.
(Watch the video to see DWT is worse than DUI)
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
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