Minnesota Driving While Texting (Explained)

One of the most disturbing things about being a Minnesota Criminal Defense Attorney is seeing people charged with crimes when all they've really done is fail to use a turn signal, or speed - when there are other idiots out there driving like maniacs, distracted by other things that are equally or even more dangerous than Drunk Driving.

After Sunday's expose in the StarTribune (link to article) about the perils of driving while Texting, I got to thinking about what other "distracted driving" issue were out there.

What is Distracted Driving?

Would you believe that eating food while at the wheel of a vehicle could be more dangerous than drinking or texting while driving? According to a study by the University of Leeds called “Two Hands Better than One,” this is exactly what researchers found based on observation of test subjects operating driving simulators.

The UK researchers measured reaction time while drivers negotiated virtual vehicles, and as it turns out, eating increased response times by 44 percent. In contrast, texting increased reaction time by 37 percent, and drinking a non-alcoholic beverage from a can or bottle increased reaction time by 22 percent.

And what about the one driving no-no that that nearly everyone agrees is undesirable – drinking alcohol and operating a vehicle? Drivers asked to operate the simulator who were at the U.S. “legal limit” of .08 percent blood alcohol content increased reaction time by 12.5 percent…

Common sense dictates that drivers can compound their chances for an accident if they do not self-govern and recognize their limits. And as the study indicates, a distraction can come in several forms – even ones that have been considered benign…

Much more could be said about this subject which the U.S. Department of Transportation has been up in arms about in recent years, labeling distracted driving an “epidemic.”

Now, I get it that Drunk Driving is dangerous. I'm not advocating that people do that. But what are our options when it comes to these other areas of distracted driving?

At the end of the day, nothing will come of it. The reason? There are no special interest groups formed by empathetic groups to lobby Congress to change all the rules. Not until someone is killed by someone texting or someone eating will someone stand up for harsher penalties - and even that won't change things (that's my guess - too many "upstanding" people would become criminals, much like the criminalization of Drunk Driving has done).

In the State of Washington texting while driving is a $124 ticket, and it doesn't even count as a moving violation. Talking on a cell phone is the same way. Eating while driving isn't illegal at all. Yet all of these activities are more dangerous than driving with a blood alcohol level above .08.

If you have questions about ANY legal dilemma - call the Rolloff Law Office today at (612) 234-1165.

DYK: April 21 is Distracted Driving Enforcement Day?

If you've heard it once - you've heard it a thousand time - Distracted Driving is as bad as (if not worse than) Drunk Driving. As such, a concerted effort is underway today in the State of Minnesota to bring attention and awareness to the dangers of distracted driving - where by some counts, almost 70 deaths and 350 injuries can be directly attributed.  

Following a tragic accident in St. Louis Park, where a motorcyclist was nearly killed recently, this heightened patrol could not be more timely. So, how can you prepare yourself - and avoid a ticket?

What to Know

Generally speaking, the police are seeking to address four categories of distraction:

• Visual - looking away from the road;
• Physical - taking hands off the wheel to use a cell phone or adjusting radio/music device;
• Cognitive - being “lost in thought” or focusing on a conversation, which results in less situational awareness;
• Combination of the above - reading a map or texting while driving.

Some Suggestions

• Cell phones — turn them off or place them out of reach so you're not tempted to dial or answer. If a passenger is present, ask them to handle calls/texts.
• Music and other controls — pre-program favorite radio stations for easy access and arrange music (mp3 player/CDs/tapes) in an easy-to-access spot. Adjust mirrors and heat/AC before traveling, or ask a passenger for help.
• Navigation — designate a passenger to serve as a co-pilot to help with directions. If driving alone, map out destinations in advance, and pull over to study a map.
• Eating and drinking — if you cannot avoid food/beverage, at least avoid messy foods, and be sure food and drinks are secured.
• Children — teach children the importance of good behavior in a vehicle; do not underestimate how distracting it can be to tend to children while driving.
• If you’re a passenger, speak up to stop drivers from distracted driving behavior.

Exceptions

Understand that although distractions are aplenty when you're behind the wheel, there are instances where even the most this behavior is allowed.  Specifically, the law does not prohibit, use of a wireless communications device that is used solely in a voice-activated or other hands-free mode when making a call and/or otherwise when trying to seek emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed. 

What To Do if You Get a Ticket

If you've been charged with a Distracted Driving-type offense- you really owe it to yourself to know your rights. One way to do that - contact an experienced Minnesota Criminal Defense Attorney. The sooner you make that call, the better your defense will be.