Distracted driving has become a major issue for legislators and law enforcement in California. The National Highway Transportation Safety Association (NHTSA) reported that in 2008, 6000 people died and 500,000 were injured in crashes involving a distracted driver. That same year, the state of California passed a law prohibiting the use of cell phones while driving, unless a hands-free device is used. In 2009, the legislature passed an additional law making it a traffic violation to write, send or read text messages while driving a car. The fine for an initial infraction would be $20, with subsequent violations being $50.
The story of a freshman from Sonoma State University who ran over a toddler while text-messaging infuriated safety advocates and prompted calls for changes in the anti-texting law. 18-year-old Kaitlyn Dunaway was charged with misdemeanor vehicular homicide when she allegedly struck 2-year-old Calli Murray and her mother while they were walking in a crosswalk. According to police accounts, Dunaway acknowledged using her phone at the time of the accident, but could not remember whether she was talking or texting at the time. Dunaway is also charged with texting while driving, driving at an unsafe speed for the conditions and failing to yield the right-of-way to a pedestrian in a crosswalk. However, these charges do not rise to a felony level.
The Murrays are requesting that the penalty for texting be increased from a misdemeanor to a felony in certain instances, similar to how drunk driving is punished when an accident occurs. The California Office of Traffic Safety (OTS) believes that texting while driving is equally as dangerous as drunken driving, for it has the same potential to cause serious injuries. Meanwhile, the California Senate has passed a bill (SB 28) that would increase the initial fine for texting while driving to $50, with further violations being $100. The bill awaits passage by the General Assembly.
