Driving, Texting and Talking in North Carolina

Driving, texting and talking has been all over the news lately. South Carolina is following in the footsteps of  many states and started the legislative process to ban texting while driving. The City of Clemson recently became the first city in South Carolina to ban texting while driving. Oprah recently had a popular episode on the subject and asked her employees to sign a pledge stating that they would not use cellular phones while driving. Federal employees driving government provided cars are also banned from texting after President Obama signed an executive order in October.

Yesterday the Charlottte Observer reported that North Carolina may try and take the current texting restriction a step further by outlawing the use of cell phones in cars unless the driver uses a hands free device. California has already taken that route- drive down the congested roads of Southern California and you will see a maze of Bluetooth headsets. Charlotte residents appear to support such a law- the Charlotte Observer article cited a WCNC-TV poll that found 47 percent of poll respondents favored a complete ban on cell phone use while 40 percent favored approval of hands free devices only.

Research studies and statistics clearly depict the the dangers of cell phone use. Look for more restrictive laws in the future.

Texting While Driving- Illegal in North Carolina

Texting while driving will soon be illegal in North Carolina. The statewide ban on texting while driving officially goes into effect in North Carolina on December 1st. I wrote a blog last August when the law was originally passed addressing how the law was well intended, but poorly thought out. Here is the link to my post "Do U Like 2 Text?"


If found guilty of this offense, you can be fined $100 plus court costs.

New NC Laws: Smoking in Bars, Car DVD players and Beer Samples

North Carolina passed 618 new laws this year. I thought I would highlight some of my personal favorites; Smoking in Bars, Car DVD players and Beer Samples at your local grocery store.

Effective immediately, it is illegal to watch a TV or glance at any TV or DVD player while driving your vehicle. Also banned is gazing at a laptop while driving. However it is still legal to look at your GPS, any navigational system, or audio system in your car. Confused? Lawmakers clarified this by stating video displays "that enhance the driver's view in any direction, inside or outside the vehicle" is legal. So, if I am looking at a map on my laptop- is that illegal?

However, texting and reading email while driving is still legal until December 1st when the new statewide ban takes affect. I wrote an earlier post on this law. I'm still perplexed- As of December 1st, I can't read email while driving but I can type in an address on my cell phone's navigational system and stare at the map without breaking the law.

Beer Samples
Do you enjoy wine samples at the local supermarket? Now you might get a beer sample with that wine sample. Samples will be limited to a 2 oz cup for legal drinkers only. Don't Sample Drink and Drive..

Smoking in Restaurants
This is probably the most controversial one. Starting January 1st, 2010 a restaurant patron will not be able to puff away at any restaurant or bar.

Checkout the Charlotte Observer article for more. There are some good ones- don't be impersonating the Sha Na Na band,  a impersonation that could cost you 15k!
http://www.newsobserver.com/news/local_state/story/120296.html

Do U like 2 Text?

If you are one of millions who love to text and do it while you drive- you might soon have an unwelcomed encounter with a police officer at a traffic stop. On December 1st the new law will go into effect that makes texting while driving illegal. The fine will be $100 plus court costs. On a side note, court costs are currently $121, but as the budget woes are bound to continue, be prepared for those to increase as well.

Ok, so here is my issue with the law- it is still legal to talk on your phone, dial a phone number, and check your messages. You are driving down the interstate and you see the little red light blinking every few seconds on your Blackberry. You reach down and grab your phone, unlock it, and start pressing buttons to check your messages. Officer traveling behind watches you do this. Should the officer pull you over? My long winded point- how does an officer tell if you are dialing a call or sending a text? How is this going to be enforced? Moreover, assume the officer has a strong case you are texting. He pulls you over. Does the officer have grounds to seize the phone? If he does, shouldn't the officer get a search warrant before he is legally permitted to access the history on your phone.

Don't get me wrong, texting while driving is extremely dangerous. A recent study in Britain found that texting while driving is more dangerous than driving while intoxicated. My issue is with the legislature passing a law that sounds great. They can boast about it as an accomplishment when they go for re-election and bombard us with our favorite election commercials. Meanwhile these well intended laws leave a mess for the police, judges, state prosecutors and defense attorneys to work out. More on well intended laws draining state resources later.. Hint.. 3 Strikes, You're Out.