Georgia is one of 38 states that currently have a ban on texting while driving. Previously, we've discussed the distracted driving law that passed in Georgia nearly two years ago. As a recap, current prohibitions include:
- Text messaging banned for all drivers. Fines of $150.
- Drivers under the age of 18 prohibited from using cell phones, regardless of whether a hands-free device is attached. Also bans computer use. Fines of $150.
- School bus operators prohibited from using cell phones while driving, if passengers are present.
However, news coverage since the passing of the legislation has served to only highlight the statute's many flaws and arguable ineffectiveness. In fact, as of October 2012, only about 1300 tickets have been issued under the distracting driving laws, according to the Department of Driver Services in Georgia. It has been so unsuccessful that many senators are considering presenting supplemental hands-free legislation during the 2013 session. Young drivers continue to struggle with compliance (http://blog.attorneyclientmatch.com/2011/12/texting-while-driving-a-problem-for-young-motorists-nhtsa-unveils-new-distracted-driving-measure-and.html) and car accidents brought on by distracted drivers continues to plague the country with ever-increasing frequency.
Both personal injury attorneys and law enforcement officials, it seems, are taking notice. Many have noted that enforcing the laws are extremely difficult, if not borderline impossible. A driver may indeed be pulled over for texting while driving, but officers are hard-pressed to confirm their suspicions, especially when gaining clear evidence may entail illegal search and seizure of a motorist's mobile device. In light of this, many states are considering an experimental technique - actually "spying on motorists while they drive."