Texting And Driving Checkpoints: A Due Process Violation?

Have you ever read or sent a text while operating a car? If so, you’re part of the growing majority. But this practice may be putting drivers and their passengers at risk, because it results in increased accidents, injuries, and deaths on U.S. roads.

Research has begun to emerge that links texting and driving with a higher incidence of car crashes. Studies show drivers who take their eyes off the road to compose or read text messages have reduced reaction time and engage in more dangerous driving behaviors compared to those who keep their eyes and hands off their mobile devices.

As a result, legislatures in a growing number of states have adopted laws that prohibit texting and driving. Such laws are difficult to enforce since so many drivers use smartphones and conceal their texting activities so passersby can’t see what they’re doing.

How states enforce texting and driving laws

To apply these laws, police have begun to set up “texting checkpoints,” similar to those used in to identify drunk drivers, to deter drivers from texting. These states include:

• Maryland. Here, texting and driving constitutes a “primary offense,” for which officers can pull over drivers with no other cause. Last October, authorities in Baltimore County set up a checkpoint on Route 1 to investigate whether drivers were wearing seatbelts and obeying the state’s anti-texting law. Noncompliant drivers received citations and fines.

• Kentucky. February marked the beginning of Operation R.A.I.D. (Remove Aggressive, Impaired, and Distracted Drivers from Kentucky Roadways), a one-year initiative to cut all types of distractions while driving. These include eating, drinking, and texting, the third being a primary offense in the state. Police say they increased their visibility and the number of checkpoints during this time.

• New Mexico. To mark new legislation banning texting while driving, in March the state began to include the offense among those law enforcement officials look for as part of the Selective Traffic Enforcement Program (STEP). Officers have patrolled accident-prone areas more heavily to ensure drivers engage in safe, non-distracted driving.

Texting checkpoints versus the Fourth Amendment

Like DWI checkpoints, anti-texting and driving initiatives have generated revenue for police departments and raised awareness about the dangers and consequences of distracted driving. But are such searches “unwarranted” and therefore unconstitutional?

Some activists argue that such random traffic stops violate the Fourth Amendment because officers conduct them without “probable cause”; that is, a reason to believe the driver has committed a crime at the time of the stop. However, the U.S. Supreme Court ruled in 1991 that DWI checkpoints do not violate drivers’ protections under the Fourth Amendment from “unreasonable searches and seizures.”

At the time of the ruling, the Supreme Court granted each state the prerogative to determine whether to continue conducting traffic checkpoints. Eleven states voted to discontinue the practice, while 39 continue to enforce traffic laws in this manner.

Fortunately for Texas residents, traffic checkpoints for DWI, texting and driving, or any other offenses are not active in the state. However, unfair searches and seizures still happen, and sometimes lead to misdemeanor charges.

According to Houston criminal defense lawyer Neal Davis, such offenses can carry hefty fines, probation, and other hardships. When law enforcement officials fail to follow due process, accused individuals deserve a strong legal defense to ensure they receive justice.

Texting and driving in Texas

Regardless of the presence or absence of enforcement initiatives, Texas drivers should be aware that texting and driving is a primary offense in the state. Police may pull over drivers they see using their mobile phones to read or send texts, and may impose fines on individuals who don’t comply with the law.

For their safety and the safety of others, Texans should postpone texting conversations until they are not operating a motor vehicle. When important matters come up, a driver may pull over to the side of the road or find a place to park while he or she pursues a texting interaction.

Although this may seem inconvenient, refraining from texting while driving represents a safer alternative to a crash, which may mean extensive property damage, injuries, and even fatalities. Keeping your phone on silent — or turning it off — while driving removes the temptation and keeps you focused on the road.

When it comes to driving, distraction is one of the greatest risks drivers can take. By eliminating texting and driving, Texas and other states are helping to make the U.S. a safer place to travel.

Do you believe texting and driving checkpoints are unconstitutional? Why or why not?