Texas

Texas banned this six months ago. So why are you still doing it?

Look around the next time you are driving down the street and you’ll probably see it.

Drivers — some stopped at traffic lights, others cruising down the street — with their heads down, looking at their cell phones.

Maybe they are using the GPS or picking out a song to play.

Or maybe they are texting, posting pictures on Instagram or checking emails — all moves that have been illegal for Texas drivers for more than half a year.

Since Sept. 1, at least 51 tickets for texting while driving have been issued in Tarrant County.

Hundreds more — along with thousands of warnings — have been issued on highways across the state by Texas Department of Public Safety troopers.

"If people do know about the law, it clearly isn't deterring them from breaking it," said Brandon Rottinghaus, a political science professor at the University of Houston. "I would be surprised if more than half of Texans knew this law was in place."

Legislators last year passed this measure hoping to cut down on the number of Texans who die on roads because some drivers refuse to put their phones down.

Last year, more than 100,000 accidents in Texas were the result of distracted driving, killing 444 and injuring more than 2,800, Texas Department of Transportation data shows.

Of those, 22 fatal crashes and 24 fatalities were in Tarrant County, state records show.

Even so, around 12 percent of 2.3 million drivers monitored over the course of 5.6 billion miles are considered "phone addicts," who tend to use their cell phones three times more than a typical driver, according to a new study by Zendrive, a company that tracks cell phone use on the roads for insurance companies and others.

But the low number of tickets issued locally may be a good sign, some say.

"I believe the texting-while-driving ban already has had a positive impact on Texas drivers' behavior, especially because the vast majroity of Texas drivers strive to follow traffic laws and stay safe on the road," said state Sen. Judith Zaffirini, D-Laredo, who carried the bill in the Senate.

"It is my hope that over the long term, as enforcement continues and awareness of the law increases, Texas will see a measurable decrease in the number of deaths and serious injuries in crashes related to texting while driving."

Anyone who violates this law and gets a ticket faces a misdemeanor charge and a fine between $25 to $99, although penalties could be as much as $200 for repeat offenders.

Anyone convicted of texting and driving who causes serious injury or death to others faces a fine of up to $4,000 and as long as one year in jail.

Tickets and warnings

Texting while driving became illegal in Texas Sept. 1, 2017, under House Bill 62.

That means no texting — and no communicating with others through emails and on apps such as Facebook, Twitter, Instagram, Snapchat and WhatsApp — while driving.

Motorists can still use their phones to play music, operate a GPS, report a crime, seek emergency help and talk.​

Supporters have long said they believe this law will make roads safer; critics say this is an overreach of the government into people's lives — and hard to enforce.

Here’s a look at the tickets for texting and driving that were issued between Sept. 1, 2017, and Feb. 28, according to data obtained by the Star-Telegram through public information requests.

Fort Worth: 45

Arlington: 2​

Grapevine: 2

North Richland Hills​: 1

Southlake: 1

Euless: 0

Mansfield: 0

Statewide: 341 tickets and 2,061 warnings were issued by troopers on highways.

Statistics show 40 percent of people between 19 and 39 say they text and drive, an analysis of the law states.

And that can be deadly.

Studies show that a driver’s reaction time is cut in half when a driver is distracted by sending or reading a text message, according to an analysis of the law. Drivers who text take their eyes off the road for an average of 4.6 seconds within a six-second interval. At 55 mph, that is the length of a football field.

Statewide ban

Until last year, state laws only prohibited texting while driving in school zones and by drivers younger than 18 and bus drivers transporting minors.

Now any Texas motorist can be ticketed for texting and driving, something many say can be hard to prove.

Law enforcers have to personally see the texting and driving.

Some say signs of that include drivers swerving in and out of lanes, following too closely or remaining at traffic lights or stop signs long after it was the motorist's turn to move.

One thing police can't do is inspect the driver’s phone during traffic stops, according to the law.

But if someone fights the ticket in court, prosecutors could subpoena the person’s texting history to show they were texting when they were stopped by police. Some say that’s not likely to happen.

"If the enforcement of the law is minimal and the chances of getting caught are nearly zero percent, it won’t deter drivers from breaking the law," Rottinghaus said. "Given the way the law is written, it is difficult for law enforcement to catch people breaking it. "

Now that a statewide ban is in place, Arizona, Missouri and Montana are the only states that don't ban texting while driving, according to the National Conference of State Legislatures.

Deadly behavior

Many parents may worry that their younger drivers will have a hard time not checking out their phones while driving.

There are apps to help those — and all drivers — stay off the phone.

Apple recently came out with a "Do Not Disturb While Driving" feature for those with the iOS 11 update. When activated, the functionblacks out the screen, preventing calls, texts, even push notifications, from coming through. Those sending messages to the driver at the time receive an automatic reply that he or she is driving.

Other apps, such as DriveSafeMode, prevent texting and emailing while a person is driving and it notifies parents when the phone is being used or if the app is turned off. The Lifesaver app also prevents a phone from being used when the car is in motion.

State Rep. Tom Craddick, R-Midland, authored this bill and has worked for years to pass a ban against texting and driving in Texas.

“By enacting this public safety legislation, the governor is saving lives by deterring this dangerous and deadly behavior," Craddick said after the bill was signed into law. "For a long time, Texas has needed this law to prevent the loss of life in unnecessary and preventable crashes and we finally have it.”

Anna Tinsley: 817-390-7610, @annatinsley

This story was originally published March 28, 2018 at 6:11 PM with the headline "Texas banned this six months ago. So why are you still doing it?."

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