Is Texting While Driving a Secondary Offense?
Direct Answer:
In many jurisdictions, texting while driving is considered a primary offense, meaning that it is a standalone offense that can result in penalties and fines without the need for another offense to have occurred. However, in some states and countries, texting while driving is considered a secondary offense, which means that it is only punishable if the driver is involved in another offense, such as a traffic violation or accident.
Primary Offense:
In the United States, for example, the majority of states have made texting while driving a primary offense. This means that law enforcement officers can pull over a driver solely for texting while driving, even if they are not violating any other traffic laws. In 2019, 47 states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands had laws prohibiting texting while driving.
Secondary Offense:
However, some states have not made texting while driving a primary offense. In these states, a driver can only be fined or penalized for texting while driving if they are involved in another offense, such as:
- Running a red light or stop sign
- Speeding
- Reckless driving
- Causing an accident
For example, in California, texting while driving is considered a secondary offense. According to California Vehicle Code §23123.5, "A person shall not drive a motor vehicle while using an electronic wireless communication device to write, send, or read a text-based communication, unless the device is specifically designed and configured to allow for hands-free operation and is used in a hands-free manner."
Consequences:
Whether texting while driving is a primary or secondary offense, the consequences can be severe. In the United States, the consequences for texting while driving vary by state, but they can include:
- Fines: ranging from $20 to $500
- Points on a driver’s license: which can lead to increased insurance premiums and even license suspension
- Jail time: in some cases, up to 30 days
- Community service: up to 48 hours
International Comparison:
In other countries, the laws regarding texting while driving are also varied. In the United Kingdom, for example, texting while driving is a primary offense and can result in a fine of up to £200 (approximately $260) and 6 points on a driver’s license.
Canada has similar laws, with fines ranging from $200 to $1,000 and even license suspension in some cases.
Australia has a more lenient approach, with fines ranging from $150 to $1,000 and no license suspension.
Table: Texting While Driving Laws by Country
| Country | Primary/Secondary Offense | Fine | Points/License Suspension |
|---|---|---|---|
| United States | Primary (mostly) | $20-$500 | 1-6 points |
| United Kingdom | Primary | £200 (approximately $260) | 6 points |
| Canada | Primary | $200-$1,000 | License suspension |
| Australia | Secondary | $150-$1,000 | No license suspension |
Conclusion:
In conclusion, texting while driving is a serious offense that can have severe consequences. While some jurisdictions have made it a primary offense, others have only made it a secondary offense. Regardless of the laws in place, it is essential for drivers to understand the risks associated with texting while driving and to refrain from engaging in this dangerous behavior.
