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Texting While Driving? Will it be illegal?

Posted by attorney William Umansky

On Tuesday, December 13th, the National Transportation Safety Board (NTSB) put forward an effort to ban all activity on cellphone use while driving, including hands-free devices such as bluetooth. While many states have already enacted laws against some cellphone use while driving, there are still some states that have no laws against it at all, even though many localities have passed their own distracted driving bans. Some states – such as Fla., Ky., La., Miss., Nev., and Okla. – prohibit localities from enacting such laws. The NTSB has made a point by exclaiming that "this type of distracted driving is becoming the new DUI", and that in 2010, some 3,092 roadway fatalities had occurred because of the using of hand-held devices. This movement by the NTSB all came to fruition after the investigation of an accident in Gray Summit, Mo., involving two school buses and a pick-up truck in August of last year. The fault of the accident fell upon the 19-year-old driver of the truck who was reportedly texting while driving and caused two deaths and almost 40 injuries. Of course, it goes without saying that if it is a dire emergency than you may use it to call 9-11 and there would be no law against using GPS contraptions while you are driving. With all that the NTSB has done in the past with their assistance to the military, the Federal Aviation Administration, and numerous other federal agencies, it's more than likely to weigh in more favorably to Congress. We have to consider if the idea of banning all use on hand-held devices in the best interest of public safety, or if it’s not the actual device that's dangerous, but the certain individual that possess the apparatus?

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The Umansky Law Firm
1945 E Michigan St
Orlando, FL 32806

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