Law boosts fine for texting-while-driving to $1,000

SALEM, Ore. (AP) — The maximum fine for motorists caught talking on their cellphones or texting while driving would increase from $250 to $1,000 under a bill that is being considered by the Oregon Legislature, a move intended to make distracted driving a more serious crime.
The Senate Judiciary Committee on Tuesday approved the bill proposed by Senate President Peter Courtney, D-Salem, with two members dissenting.
Albany police Officer Robert Hayes, speaking for the Oregon Association of Chiefs of Police, said there are simply not enough officers to always enforce the law. He told the committee that he often passes drivers on their cellphones as he is responding to a more pressing call.
"If there is no fear of getting a citation, there is no fear of committing the violation," Hayes said.
The current law that went into effect in January 2010 prohibits motorists from texting or talking on their cellphones while driving. Drivers are permitted to use hand-free accessories to talk on the phone, but texting is illegal in any circumstance.
Courtney said he hopes to change the way Oregonians think about texting and talking on the phone while driving.
"If it was my way, we would treat distracted driving the same way we treat drinking and driving in this state," Courtney told the Associated Press. "And I think one day we will."
Sen. Betsy Close, R-Albany, who voted against the bill, said she's worried the fines are too steep — considering many of the violators are young people.
"My concern is that the maximum fine is high, and that we have a law on the books already," she said.
The number of motorists cited for violating the ban increased since the law went into effect in 2010. Between 2010 and 2012, state troopers issued a total of 4,586 citations and 6,752 warnings, according to police statistics. In 2012, state police issued 2,151 citations, more than twice as many as in 2010 when police issued 1,012 citations.
In 2011, the Legislature closed a loophole that allowed drivers to talk on hand-held cellphones for work-related purposes. Now, the exemption is limited to a handful of professionals.
Sen. Jeff Kruse, a Roseburg Republican who opposed the measure, said he would prefer if the bill applied to all forms of distracted driving, including eating or putting on makeup.
"If we're going to pass a bill like this, I'd rather it be more all-encompassing than just focusing on the cellphone," he said.
In the first six months of 2012 there were 155 reported crashes, one of which was fatal, caused by distracted drivers on their cellphones, according to the most recent statistics available from the Oregon Department of Transportation. In 2011, there were 202 reported crashes, four of them fatal, for the entire year.
The bill would allot approximately $123,000 to the Oregon Department of Transportation to put up signs notifying drivers that texting and talking on the phone is illegal.
Rep. Carolyn Tomei, D-Milwaukie, introduced a similar bill in the House that would set the maximum fine even higher, at $2,000.
KATU's Shellie Bailey-Shah will have more on this story tonight at 4 and 5 p.m.
(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
I am a proponent of safe driving, but I am uncomfortable with police having practically unlimited discretion and power to stop and detain law abiding citizens.Although enacting legislation to make texting while driving illegal sounds good in theory, it is yet one more tentacle that government can use to reach deep into peopleâs personal space.
Texting while driving laws, perhaps legislated with good intention, by default, serve to give police sweeping power to stop and detain citizens.It once was that police could only stop a person for an obvious infraction such as running a stop sign or speeding, but the proposed texting law requires police to observe not only the vehicle, but also what a person is doing inside of the vehicle.Do we really want police, in an attempt to spot an infraction, look inside our vehicles to observe every little thing we do?Do we really want police to have the power to detain us for suspicion of texting or not wearing a seatbelt?
What if, for example, while you are driving, you look down to reach for a stick of gum, and an officer, observing you, thought you were texting and pulls you over to find that you cannot produce your proof of insurance and then gives you a citation for not having it? Or, you explain to the officer that you were reaching for gum and he doesnât choose to believe you.This type of broad discretion seems overreaching and could give rise to snooping and prying without justification, not to mention the ability to stop and detain you for virtually anything, and with a low burden of proof.
Additionally, the accretive effect of adding one law on top of another fosters the attitude of âpower entitlementâ of government; let the government control you in one way, and it will come to expect to be able to control you in another, until these small, âharmlessâ laws collectively serve to control its subjects.
So if we donât create laws to ban texting while driving, what should we do about it?Thatâs a good question. To start, public awareness should play a key role.Government could allocate more resources to public awareness campaigns.In addition, parents should inform and teach their children of the dangers of texting while driving. Subpoenas could be used in a civil trial to show whether someone caused and accident while texting and driving.There are a number of ways to tackle the problem.The question is not whether texting while driving is a problem, the question should be rather whether we wish to allow the government to penetrate one more layer into our lives.
@CitizenGÂ Â You are confused sir....
@CitizenGÂ Â I agree with everything you've said with exception of one thing. People should not be using a cell phone or texting while driving. Its the same thing as being tired or drunk or under the influence of drugs and should not be allowed. So in that respect I'm very happy to know the police can and do stop people for driving while using a cell phone!
Can't anyone see the corner we are all being backed into? Stiffer fines won't make any difference. Did stiffer fines slow down or stop DUII's, speeders, red light runners, DWS's, all killers. This is pure and simple more government control, and less personal responsibility. Back to truth and honor folks, it is the only way, and it has to start with me and you.
@souptonuts
If we start putting these idiots in prison when it gets that far (just like drunk drivers) they will stop then or they will live in prison! Which works for me....
I dont text or use my cell phone while I drive; so, they can hike the fines all they want.
Good luck enforcing this and following thru with the collections of said moneys. putting more people on probation lowering fines, more warrants and no police to pick'em up ...Priceless
police state
@PEANUT That's B.S. Are anti drunk driving "police state laws"? I'm against the NDAA, Patriot Act, ect, but this is simply putting stiffer punishment on those who endanger everyone else.
"- increase from $250 to $1,000" WOW, one story talks about the police wanting more money, then click... heres one about how they are going to get it.
A $1000 isn't enough. These kind of dummies should lose their license to drive for 30 days on a first conviction and one year for second and third convictions, with no exception for driving to work! On a forth conviction you lose your privilege to drive for life!Â
There is no person I've ever seen driving down the road able to drive without using a cell phone let alone with one their hand!
I don't want to be hit by one of these dummies and lose a limb or die because they're stupid!Â
Driving and talking or texting on a cell phone is a choice no different than driving in intoxicated and should be treated the same! Their insurance rates should go up just like a conviction for drunk driving!
It doesn't matter if the fines are too steep. Â
Don't break the law and you won't have to pay a fine.Â
No one NEEDS to be talking on the phone while driving.Â
OH my gosh. Â How did anyone survive before cell phones. Â Oh the dark ages. Â Please give me a break!
What is with Betsy Close anyway? Â She is worried that we are sending our young people the wrong message? Â What she really is saying is that she thinks texting and talking on the phone is okay for young people because they grew up with cell phones . Â She needs to retire.Â
I would like to see them raise the fine to equal DUI. Plus a diversion class.
@Ah Shucks I have been hoping for the same thing. Oh, and make DUI changes a heck of a lot harsher.
Your cellphone conversation isn't worth an accident or a life.