subject: Text Messaging And Driving [print this page] Massachusetts resident Aaron Deveau has the dubious distinction of being the first person to be convicted of motor vehicle homicide for texting while driving in the United States. Approximately one minute after sending a text message, Mr. Deveaus vehicle crossed the center line of the road and struck another vehicle, killing the driver and injuring a passenger. Now eighteen, Mr. Deveau will spend the next 2.5 years in prison, perform community service, and have his license suspended for the next fifteen years.
While I have addressed this topic a number of times as a Providence personal injury attorney, including on CBS's "The Rhode Show" and in The Providence Journal, this preventable tragedy is one of many that serves as a reminder of the need for strict safety laws to discourage texting while driving. Rhode Island and Massachusetts are two of at least 36 to date that prohibit texting and driving. A 2008 study by the State of California reviewed car accident crash data relating to distracted driving. The study found there was a significant decline of car accidents caused by distracted driving in California after California passed laws punishing distracted driving.
Any Rhode Island or Massachusetts personal injury attorney can tell you that both these states have passed laws banning the use of electronic messaging while in a moving motor vehicle.
Massachusetts Law
The Massachusettss Safe Driving Act bans texting while driving by non-emergency service personnel. (G.L. c. 90 1, 8, 12-13, 22; c. 175, 113B) Massachusetts bans texting, Internet use, videogames, laptops, or other messages requiring keystroke entry between mobile. No one under the age of eighteen may use a cellular phone, even with a hands-free option, while driving except to report certain types of emergencies. The fine is $100 for adults, with an additional sixty-day drivers license suspension and mandatory program completion for junior drivers. The next violation results in a $250 fine and 180-day drivers license suspension, and a $500 fine and license suspension for one year for the third. Any Massachusetts personal injury attorney will tell you from experience that younger people especially are causing more car accidents from texting and driving, which is the reason for the additional penalties for young drivers.
Rhode Island Law
Rhode Island prohibits reading, composing, or sending text messages while driving by anyone other than on-duty law enforcement, fire, medical, or other emergency service personnel and anyone attempting to contact them. (G.L. 31-22-30) The fines for violating the statute are $85 for the first offense, $100 for the second, and $125 for the third.
Taking interest in the enforcement of these laws as a Providence personal injury attorney, I have seen that WPRI reported that drivers in Rhode Island have been fined more than $11,000 for texting while driving between November 2009 and February 2011.
