Forty-four states have laws forbidding texting while driving. Oklahoma is not one of them.Every year, an Oklahoma senator or state representative introduces a measure to create alaw banning texting while driving, and every year, that proposed legislation fails to becomelaw. For five consecutive years, the state legislature has killed the texting while driving bill.
Why would a measure intended to protect public safety continue to be rejected by statelegislators?
Some argue that law enforcement agencies tell them that a texting while driving law would betoo difficult to enforce; others say that distracted driving is already illegal, and a texting whiledriving law would be redundant; still others say that it would be impossible to identify everytype of distraction and create a specific law against it, and therefore texting while drivingshould not be singled out.
Oklahoma Highway Patrol Trooper Betsy Randolph, however, says that it would not be hardto enforce texting while driving legislation: "We see it every day, people not paying attention.That stuff is so dangerous. We cannot emphasize enough just how important it is that you justkeep your eyes on the roadway."
Currently, she says, law enforcement can only pull over a distracted driver if the officernotices dangerous driving behavior, such as swerving or running a stop sign. The officer canonly cite a driver for distracted driving if the driver is involved in an accident. New legislation,she says, would allow them to stop a texting driver before he or she causes an accident.
When a texting while driving ban was killed in Oklahoma in 2013, there were 39 states withlaws prohibiting texting while driving. Last year, when another attempt at texting legislationfailed, there were 43 states with such laws.
Now, in 2015, a state senator has filed proposed legislation attempting once again tospecifically identify texting while driving as an illegal act and to strengthen the penaltiesagainst it.
Sen. Ron Sharp, R-Shawnee, has filed Senate Bill 67, which would make it illegal to text oruse a handheld device for email or calls while driving. If passed, texting while driving--as wellas placing or receiving a phone call on a handheld device--would become a misdemeanorpunishable by a maximum of one year in jail and a $1,000 fine.
The law would not apply to use of hands-free communication technology.
Two other Oklahoma legislators have also promised to file texting while driving bills:
The Law Firm of Oklahoma will continue to cover developments in texting while driving legislation in the 2015 legislative session.
