Texting While Driving Banned in North Carolina

After a little research, I am now ready to discuss the most popular legal topic, by a very wide margin, from the loyal readers of The Hypotenuse. The focus groups (or really just a small polling among close friends) have determined that North Carolinians want to know about the new law passed by the North Carolina General Assembly banning texting while driving.

Well, here is the law itself banning texting while driving.

http://sogweb.sog.unc.edu/blogs/ncclaw/?tag=texting

Note, the law only applies while the vehicle is in operation. Therefore, if you are parked, you can still text in your car. But, you may want to turn off the engine and remove the keys, just to be on the safe side of the law. Also, the new law makes it "unlawful to read email or text messages while driving." Even reading a text is illegal.

Below are a couple of links from The News & Observer discussing the new law and its ramifications on the North Carolina roads.

The first article highlights that you can still use a GPS navigation system. So if you happen to have a GPS device on your phone, that could be a very good defense to a texting while driving charge.

http://www.newsobserver.com/248/story/1642254.html

The second article is one reporter's take on the texting while driving situation in North Carolina.

http://www.newsobserver.com/business/technology/story/1649941.html

To all my South Carolina and Virginia buddies out there, when you cross the state line into North Carolina, you better go ahead and put the Blackberry or iphone down.

Remember, this law takes effect on December 1, 2009, so those of you who are addicted to the handheld better get your fix of texting while driving before December 1. Also remember, this blog is no way creates an attorney client relationship. If you need some actual advice, you gotta call.

Finally, my realtor, Johnny Wehmann, would like to remind everyone that a good way to remember the date that the texting while driving ban takes effect is that the law takes effect on December 1, 2009, which happens to be the same day that the $8,000 tax credit for buying a new home expires. So fellow North Carolinians, you need to stop texting while driving and go buy a house before December 1, 2009.

By: Drew S. Sprague