Texting Law Could be Clarified

Judge Says Law is Vague

Tools

By Kirsten Swann

Story Created: Dec 27, 2011 at 4:10 PM AKDT

Story Updated: Dec 27, 2011 at 4:10 PM AKDT

A Kenai Magistrate says the law making it illegal for drivers to operate a device with a visual display while on the road is to unclear to be enforced because it never specifically bans texting while driving.

            Magistrate Judge Jennifer Wells dismissed a case three weeks ago against 21 year-old Tyler Adams, who was charged with texting while driving; on the grounds the law was too vague.

            Because of the ruling the Legislature is reconsidering looking at the 2008 law to help clarify it. Representative Les Gara says the law was intentionally written with the phrase “visual display” to account for changes in technology.

            Gara says small change to the law could fix everything.

            “Typing will cover texting, typing will cover tweeting, typing will cover using your laptop, which Senator French saw someone doing while they were driving the other day.” Says Gara.

            Gara says even if they change to the law is made it will still include an exception for emergency vehicles and emergency situations.

 

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