When Can You Text “While Driving”?

It seems so simple:  In an increasing number of states there are laws that prohibit texting while driving, and in every state it seems like a good idea because accidents do occur when the driver is distracted.  But, when the law is the basis for not texting while driving, following the law may not be as clear as one might think.

From FindLaw:

Florida’s ban on texting while driving specifically notes that “a motor vehicle that is stationary is not being operated and is not subject to the prohibition.” As The Northwest Florida Daily News has explained, the law “allows texting while stopped at a red light, in a traffic jam or reporting criminal activity.”

In other states, the law is less clear. For example, California’s texting while driving prohibition merely states “a person shall not drive a motor vehicle” while writing or reading a text message (except if using a hand’s free operation). So is being stopped at a stoplight “driving” for purposes of this law? The California Highway Patrol seems to think so, telling San Francisco’s KGO-TV that it’s not OK to check email or read text messages while at a stoplight or in bumper-to-bumper traffic.

And even in states that explicitly allow or have a stoplight loophole in their texting-while-driving laws, any time being distracted by your phone causes you to impede traffic in a way that creates a dangerous condition for other drivers, such as not going on a green light, you can potentially be cited for distracted driving or even reckless driving.

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