The New Texting Ban

Just an FYI from Jacques Law:

As many have noticed, on July 1st, I.C. § 49-1401A (anti-texting ban), has gone into full effect with many police officers asking each driver they pull over “were you texting?”

What the Idaho Code has to say:

(1) As used in this section, “texting” means engaging in the review of, or manual preparation and transmission of, written communications via handheld wireless devices. This definition does not include voice-operated or hands free devices that allow the user to review, prepare and transmit a text message without the use of either hand except to activate, deactivate or initiate a feature or function.

What does this mean to the common driver? Simply acknowledging that you were looking at your phone after a text message emerged is admission of guilt!  Please remember your rights!  You do not have to admit guilt nor do you have to hand the officer your phone without a search warrant.

What is the most significant thing about this statute is that it authorizes an officer to stop you in the first place if he has probable cause to believe you were “texting.”  This will open the door for ANY INVESTIGATION the Officer believes is justified.

Last but not least, courtesy goes along way with any human contact and that includes when you are pulled over by our local law enforcement.  Be polite, but be firm.  Know your rights!

Till next time.

DavidR

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