Law will target drivers who text
Starting next year, Illinois drivers could risk more than a fender-bender for tapping out an e-mail while driving.
They could leave themselves open to being stopped and cited by police.
On Jan. 1 the ban on texting while driving takes effect, making it illegal to use an "electronic communication device" to send an electronic message while you're behind the wheel.
The law makes exceptions if the driver is reporting an emergency, has pulled over onto the shoulder or is stuck in traffic with the vehicle in park or neutral.
The Governors Highway Safety Association, an organization that represents the highway safety offices of each state, has encouraged every state to enact the texting while driving ban to send a message that texting while driving is unsafe, the group says.
The U.S. Department of Transportation reported 5,870 people were killed and 515,000 were injured last year in crashes connected to driver distraction, often involving mobile devices or cell phones. Driver distraction was involved in 16 percent of all fatal crashes in 2008 and was more prevalent among young drivers.
President Barack Obama has signed an executive order banning federal workers from texting while driving government vehicles, driving while on government business or using government equipment.
The federal government is also pushing to ban texting by interstate bus drivers and truckers, and has encouraged every state to enact its own ban.
"From my point of view, it's going to be difficult to enforce. Because how are you going to tell if (a driver) is texting?" said Plainfield traffic Sgt. Eric Munson.
While he has not seen a crash that was caused by texting, Munson said he has seen plenty caused by distracted drivers.
"Believe it or not, one of the biggest reasons drivers are distracted inside a vehicle is children," Munson said.
Last week, Web site LeaseTrader.com released the results of a poll showing American drivers think distractions such as road rage and kids are harder to deal with while driving than texting.
"It could be used by a police officer as a pretext possibly, where they want to pull a car over for some reason, they have no legal basis to do it, but they'll pull the car over saying the person was texting," Lenard said. "That could be a problem.
"I don't know how they're going to be able to (enforce this), especially at night," Lenard said. "The bottom line is it's probably a good idea. I think a lot of people will stop texting while driving. But I don't know how it is that they're going to enforce it."
The way Joliet attorney Ted Hammel reads the law, talking on a cell phone while driving could also get you pulled over by police.
"So anybody who puts a cell phone by his head, is he sending an electronic message? All phones are digital now. It's still electronic communication," Hammel said.
"What really bothers me is that it says the electronic message includes but is not limited to (e-mail, texting, instant messages or accessing Web sites)," he said. "So if you have a phone next to your ear, they can stop you.
"I see gray areas all over. I think it's an infringement."
Education is key to stopping people from texting while driving, Munson said.
"Hopefully, the fact that (the law) exists will deter people from wanting to text," Munson said. "Hopefully it'll shed light on fact that texting while driving is dangerous. Things happen fast when you're driving."
The Associated Press contributed to this story.
