Is it Legal to Play Angry Birds while Driving?

This month a new law banning driving while texting went into effect across Pennsylvania.  This problems has grown quickly over the past couple years but our lawmakers seem out-of-sync with reality.  So much so that under the new law, you are allowed to play angry birds while driving.

In Pennsylvania you are allowed to play angry birds while driving
In Pennsylvania you are allowed to play angry birds while driving.

The new law bans using a wireless communication device to send, read or write a text-based message.  It does not ban talking on the phone or using it for other tasks like playing games.  If convicted, the driver will face a $50 fine, no license suspension, and no points.

Many studies have shown that driving while texting is even more dangerous than driving while intoxicated. Many people have died because of this problem and the problem grows as many people can be seen texting while behind the wheel everyday.  So with a problem this widespread and this dangerous what do lawmakers do?

They make a law that is really a joke.

Take a look at the penalties for both crimes:

Driving while Texting DUI greater .10 but less than 0.16 BAC first offense
Jail none 2 days-6 months
License Suspension none 12 months
Fines $50 $500-$5,000
Offense Type Summary Misdemeanor

Plus in the case of driving while texting, the police are not allowed to confiscate the phone.
Compare the disparity in the penalty range for these two crimes, then watch the video below and see the consequences of the two:

(Warning: The results are SHOCKING)

Two crimes, both kill, but the more dangerous one gets a slap on the wrist? Politics wins over public safety any day and everyday.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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