New law makes texting while driving a primary offense

Louisiana residents who decide to text while driving will do so at a price — literally.

Effective Aug. 15, texting on a cell phone while driving a motorized vehicle became a primary offense in Louisiana under Senate Bill 9 by state Sen. Butch Gautreaux, D-Morgan City.

Drivers will now be pulled over if caught texting behind the wheel.


"It may be difficult to enforce, but the hope is that fewer people will be texting while driving because they've learned they could be fined for it," Gautreaux said.


Fines can reach up to $175 for the first offense and up to $500 for the second and subsequent offenses. If a person is involved in a traffic accident and a police officer determines the driver was texting when the accident occurred, the fine will be doubled.


Additionally, drivers under the age of 18 can now be pulled over for any use of a handheld cell phone while driving.


Fines are up to $100 for the first offense and up to $250 for the second and subsequent offenses. The fine is doubled if the accident was caused by the driver's use of a cell phone.

"These are people who are just learning to drive, and for that first year, we don't need them to be on the phone," Gautreaux said.


More than half of U.S. drivers say they have used a cell phone while driving, and seven out of 10 people admit to text messaging while driving, according to the American Automobile Association Foundation for Traffic Safety.


"You are five times more likely to have an accident while texting than you would if you were over the legal alcohol limit," Gautreaux said. "This law is not only for the safety of the driver, but also for the person they might hit or run over."


Under previous law, texting while driving was a secondary offense, meaning a driver could only be cited for it if they were already pulled over for another offense.


State Sen. Julie Quinn, R-Metairie, said she proposed the previous legislation, Senate Bill 137, as a way to keep roads safer.


"It's an undisputed scientific fact that distracted driving is the No. 1 cause of automobile accidents, and texting is a primary distraction," Quinn said. "It's taking your eyes and your hands off several thousand pounds of machinery."


According to data from the LSU Highway Safety Research Group, 2,253 vehicles in Louisiana were involved in crashes caused by cell phone distractions in 2009.


Sixteen of those incidents resulted in fatalities, and 735 resulted in injuries.


Jamie Ainsworth, public information officer for the Louisiana Highway Safety Commission, said the numbers are misleading.


"These numbers are low compared to the rest of the country," Ainsworth said. "But it's important to keep in mind that most of these are self-reported following a crash."


Craig Loston, theater design sophomore, said he only sends text messages at red lights, but he sees how it can be a distraction.


"You aren't 100 percent focused on the road, and that's how wrecks are caused," he said.

Alex Use, biological engineering sophomore, said he has sent text messages while driving.

"I try not to, but sometimes it's easier to text at a red light than carry a conversation," he said.


Quinn said the number of incidents should decrease with the new legislation put into effect.

"Now that this is a primary offense, if and when police officers start pulling people over, it will serve as an additional deterrent," Quinn said. "I've seen too many young people die and-or kill other people."


Sgt. Blake Tabor, LSU Police Department spokesman, said LSUPD officers have already pulled a few students over since the law went into effect last week.


Tabor said that number is likely to increase as the fall semester begins.


"With the law going into effect so close to school starting, we've utilized a warning over the past few days," he said. "Hopefully with the warning process, it will get them to be more cautious."


But Tabor said the warning process won't last long, and the law will be easier to enforce at the University than elsewhere.


"With the lower speeds and all the stop signs, it's easier to spot a person using a cell phone on campus than on a highway," he said.





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Contact Sarah Eddington at seddington@lsureveille.com