Texting and Driving: Is it a Primary or Secondary Offense?
Driving a vehicle requires focus and attention to the road ahead, and anything that takes the driver’s attention away from the task at hand can be hazardous. Texting and driving, specifically, has become a widespread problem on roads across the globe, claiming numerous lives and causing many more serious injuries each year. Law enforcement agencies have taken measures to address this issue by imposing laws that prohibit the practice of texting and driving. But one question arises: is texting and driving a primary or secondary offense?
Definition of Primary and Secondary Offenses
In the legal context, primary offense refers to an act that is the primary purpose or cause of a motor vehicle stop or citation. Secondary offense, on the other hand, refers to an infraction or offense that is committed at the same time as another offense, often secondary or additional to the primary infraction. Understanding the difference is crucial to grasp the legal implications of texting and driving.
Primary Offense
Some states treat texting and driving as a primary offense, allowing law enforcement to stop a vehicle solely because of a suspicion of texting and driving. Maryland is an example of such a state. In 2013, the Maryland legislature amended the state’s law to make texting and driving a primary offense, permitting officers to make stops solely based on evidence of texting while driving (MD Code, Transp. §16-313). Similarly, Kentucky‘s Revised Statutes authorize officers to stop vehicles suspected of having drivers engaged in texting (Ky. Rev. Stat. Ann. §292.400). In Mississippi, texting and driving is considered a primary offense under state law (Miss. Code Ann. §63-3-304).
Secondary Offense
On the other hand, many states treat texting and driving as a secondary offense, permitting stops or citations only after the driver has been lawfully stopped for another traffic infraction, such as speeding or a faulty vehicle. For example, in Florida, texting and driving is considered a secondary offense (FL Stat. Ann. §316.307). Only if a driver is initially stopped for a separate infraction, such as a speed limit violation, may they be charged with texting and driving as well.
Examples of Secondary Offense States
Some other examples of states where texting and driving is a secondary offense include:
- Arizona (Ariz. Rev. Stat. Ann. §28-996B)
- Georgia (Ga. Code Ann. §40-6-48)
- North Carolina (NC Gen. Stat. Ann. §20-181.1)
- South Carolina (S.C. Code Ann. §56-5-3800)
Why this matters
Whether texting and driving is treated as a primary or secondary offense matters significantly for law enforcement agencies and motorists. Primary offense states tend to have more robust enforcement mechanisms and stricter regulations in place, potentially resulting in lower texting and driving rates compared to secondary offense states.
In primary offense states, officers may cite or fine a driver simply for texting, whereas in secondary offense states, they can only cite the driver after another traffic violation has occurred.
Statistics and Prevention Strategies
To better combat the growing concern of texting and driving, states may want to consider the following:
- Increasing public awareness campaigns about the dangers of texting and driving
- Implementing education programs to inform motorists about the hazards and legal implications of distracted driving
- Strengthening laws to impose harsher penalties for offenders
- Deploying mobile cameras or apps to monitor and ticket offenders
Conclusion
Texting and driving remains a pervasive issue on today’s roads, with deadly consequences. Law enforcement agencies must effectively combat this trend to save lives and protect road users. Understanding whether texting and driving is a primary or secondary offense is crucial for addressing the problem effectively.
Whether you reside in a primary offense state or a secondary offense state, the responsibility lies with you, as a driver, to avoid engaging in dangerous practices. Keep in mind the importance of focus while driving, the legality, and the potential risks associated with texting and driving.
The table below highlights the classification of states for texting and driving laws as either primary or secondary offenses:
| State | Texting and Driving: Primary or Secondary Offense |
|---|---|
| Alabama | Primary |
| Alaska | Secondary |
| Arizona | Secondary |
| Arkansas | Secondary |
| California | Secondary |
| Colorado | Secondary |
| Connecticut | Secondary |
| Delaware | Primary |
| Florida | Secondary |
| Georgia | Secondary |
| Hawaii | Primary |
| Idaho | Primary |
| Illinois | Primary |
| Indiana | Primary |
| Kentucky | Primary |
| Louisiana | Primary |
| Maine | Secondary |
| Maryland | Primary |
| Massachusetts | Primary |
| Michigan | Secondary |
| Mississippi | Primary |
| Missouri | Primary |
| Montana | Primary |
| Nebraska | Secondary |
| Nevada | Primary |
| New Hampshire | Primary |
| New Jersey | Primary |
| New Mexico | Secondary |
| New York | Primary |
| North Carolina | Secondary |
| North Dakota | Secondary |
| Ohio | Secondary |
| Oklahoma | Secondary |
| Oregon | Primary |
| Pennsylvania | Secondary |
| Rhode Island | Primary |
| South Carolina | Secondary |
| South Dakota | Primary |
| Tennessee | Secondary |
| Texas | Primary |
| Utah | Secondary |
| Vermont | Primary |
| Virginia | Secondary |
| Washington | Primary |
| West Virginia | Secondary |
| Wisconsin | Primary |
| Wyoming | Secondary |
Note that the categorization may have changed over time. Check local laws and regulations for the most current information.
By understanding whether texting and driving is a primary or secondary offense in your state, you can take concrete steps to promote road safety and avoid involvement in deadly crashes. Remember to keep your eyes on the road and your hands off the phone while driving!
