A few weeks old, but an interesting article.
Wisconsin could soon join several other states with laws specifically banning texting behind the wheel. While this may seem like a great idea, I actually think it is bad for several reasons.
First off, practically speaking, how will an officer know someone was texting? If I pick up my phone and look at it, or dial a number, could I be cited for texting while driving? One obvious solution would be to allow police officers to look at the driver’s recent text activity. This, however, is a huge invasion of privacy. Would it be like a DUI, where someone who refuses to show their text inbox and sent box to an officer would be presumed guilty?
Next, as a matter of principal, the government should not be micromanaging our lives. Does texting while driving, in and of itself, pose a danger to other drivers? Not if the driver manages to follow all other laws, observing the speed limit, yielding when appropriate, staying in one lane, providing adequate space, and slowing or stopping at an appropriate time. Drivers should be punished for the behaviors which directly lead to an accident or injury, not for their actions leading up to the incident.
Finally, Wisconsin already has distracted driving laws. The texting ban will actually carry the same range of penalties. First, can a driver now be double-cited, once for texting and once for being distracted by their texting? Second, by passing laws which specifically address one potential distraction, the legislature is actually sending an unintentional message. According to that message, texting while driving (even while following all other traffic laws) is worse than, say, turning around to yell at a child, putting make up on, or looking for a dropped credit card while driving. Again, all of these activities could have the same potential negative affect. Why is the government prioritizing some as separate offenses and leaving others under the broad title of “distracted driving?”