Final Cell Phone Shut Down

Posted on: September 25, 2008 at 2:38 p.m.

After already banning cell phone conversations while driving, California Gov. Arnold Schwarzenegger has banned motorists from sending, writing or reading messages on electronic devices starting Jan. 1.

Schwarzenegger signed legislation Wednesday that imposes a $20 fine for a first offense of texting while driving and a $50 fine for any subsequent violation. Los Angeles criminal defense attorneys will surely pay attention to these new laws banning cell phone use, as the early enforcement of these infractions are bound to be full of errors and problems.

"Banning electronic text messaging while driving will keep drivers' hands on the wheel and their eyes on the road, making our roadways a safer place for all Californians," said Schwarzenegger.

Criminal penalties and fines for texting have been in the news of late, as the California Public Utilities Commission recently banned certain railroad workers from using text-messaging devices or cellphones on moving trains in the wake of the Sept. 12 collision between a Metrolink passenger train and a freight train. Investigators are probing whether texting by an engineer was a factor in the crash in Chatsworth, which killed 25 people and injured 135.

The law is SB 28, and both the language of the law and penalties are almost exactly that of the law banning conversations on cell phones without a hands free device. That law was passed earlier this summer.

Tagged as: california criminal laws

Comments:

Tatiana Oueini on October 5, 2008 at 6:33 p.m. wrote:

It did not make sense when a law came out banning conversations on cell phones without a hands free device cell and did not include limitations on text messages. So it was only a matter of time before legislation regarding text messaging came into effect. It is unfortunate that it took such a tragic accident to make people/legislators realize the dangers of using their cell phones by all means while driving (cars or trains). While I think these two laws are well over due, they will be difficult to enforce. What's more, I do not think the penalties for breaking these new laws are harsh enough to deter multiple offenders. Since the penalties are minute, some people do not take these laws seriously, especially when they even see cops holding there cell phones while driving as I frequently do. I would be interested to see the statistics in the future of how many people are repeatedly caught holding their cell phone to talk or message while driving. I think once those numbers do come out, legislators will be more encouraged to make the penalties a bit more pocket breaking.

Sesilya Saraydarian on October 4, 2008 at 2:12 p.m. wrote:

Sesilya Saraydarian from COMM 174 with Professor Gorin I'm left wondering what took them so incredibly long to start working on passing a law banning cell phone use while operating a vehicle. Cell phone use has been a top factor in many car collisions - my mother was in a car accident because the other driver was using his cell phone at the time. It has been confirmed that the Metrolink train crash that happened on Sept. 12, less than a block away from my house was due to Robert Sanchez, the engineer, texting on his cell phone while operating the train. The AP news article I read claimed that the person he was texting received the message approximately 22 seconds before the collision. Because he was busy texting, he missed the two final stop signals and collided into the freight train, killing those 25 people and injuring 135. Going back to the law passed, I really don't think that $20 for the first offense and then a $50 fine for a subsequent violation would make the difference in the behavior of drivers that we would want to see. There was the big 'scare' by the media that 'after July 1st, you MUST have a hands-free set' but it's still ineffective. Out on the streets, I'm still seeing slow or careless drivers who don't focus on the road because they are using their cell phones. I admit that I don't know the exact reason why they decided on the low fine that may as well equal to pocket change, but I do know that it's not going to be a law taken seriously.

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