Proving texting while driving

By Charles Edwards

Atlanta, GA – The Georgia legislature is thinking about making texting while driving illegal. But how would the law be enforced?

Other states have tackled that same question.

WABE's Charles Edwards reports

You can not text while driving in 19 states including Illinois.

NARGELENAS: "It's not an easy citation to enforce or violation to enforce."

Laimutis Nargelenas lobbies for the Illinois Association of Chiefs of Police. In his state, texting while driving is a traffic violation that carries at least a 75 dollar fine. Nargelenas says Illinois officers can you pull over if you look like you're texting while driving. However, he says there are other telltale signs.

NARGELENAS: "In most cases, it ends up that the individual's violating something or failed to stop at a stop sign or go through a red light or they had an accident and many times they will admit that, in fact, that's what they were doing. They were texting."

But Jack Ratcliffe says it's not always so easy. The Lieutenant from San Mateo, California says most who drive while texting have their phones in their laps or to their side. That's why Ratcliffe spends 5 to 10 seconds watching for certain behavior.

RATCLIFFE: "Such as looking down or looking away from the front of the car and when we see a good amount of time that they are looking away we look at the driver a little more closely and can tell that they're texting."

Like Illinois, California also fines drivers. But in Alaska, it's at misdemeanor at least. There, driving while operating a device with a screen is illegal. In Alaska, you can use a GPS before starting a car. You can not operate screen devices at stop signs or red lights. But just like most traffic laws, Alaska Public Safety spokeswoman Megan Peters says it all depends on what you can prove.

PETERS: "Somebody might not contest the charge and they'll be given their sentence and they'll be on their way. Somebody else might say, "No I wasn't. Prove it." And if we can't prove it that's what it comes down to."

Georgia lawmakers are leaning on public safety officials for enforcement advice. Some officers say the law will be strong only if they can pull drivers over who look like their texting.

Charles Edwards, WABE News