Everyone should be aware that, as of June 10th, it will be a primary offense to use your cell phone while driving unless you are using a "hands free" system.  In other words, if a police officer observes you using your cell phone in the traditional manner you may receive a citation.

The penalty is $124.

Here is the part of the law most applicable to our situation:

"A person may not operate a moving motor vehicle while using a wireless communications device.  A person operating a moving motor vehicle who, by means of an electronic wireless communications device, (other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle) sends, reads, or writes a text message, is guilty of a traffic infraction.  A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call."

Although the final interpretation and application of the law will be made by judges around the state, the Washington State Patrol has offered the following guidelines.  NOTE:  These guidelines are subject to change at any time and without notice.

1.  If you have a phone near your ear you are in violation of the law and you will be cited.

2.  You are not "likely" to be cited if you are using a hands free phone or speaker phone so long as it is not near your ear.

3.  Texting and driving will result in a citation.

4.  If you are using your phone or a GPS device, and you appear distracted, you will be cited.

5.  If you are surfing the web you will be cited.

6.  Dialing a phone number is not "likely" to result in a citation unless it appears you are distracted.

I use a bluetooth ear piece.  It gets a little uncomfortable after a while but better that than a $124 fine.  

Comments (2)
Robin Mullins May 29th, 2010 08:49:05 AM