NancyGolliday.Com

ATLANTA – The growing number of accidents attributed to texting while driving illustrates two trends that clash when legislators consider outlawing the practice.

The first trend is the evident popularity of texting. The other is the danger.

Lawmakers aiming for re-election generally shy away from bills that halt a popular activity, but at the same time they have received a flood of comments from people who support the restriction.

So popular is texting that in a hearing Wednesday on two of the bills pending in the House, both one of the authors and the head of the Georgia Chiefs of Police Association each admitted to thumb-typing messages with one hand while steering with the other.

"I will tell you I am an expert at texting while driving," said Rep. Allen Peake, R-Macon.

Several bills have been filed in the General Assembly:

- House Bill 23: Prohibits drivers younger than 18 from texting or making cell phone calls while on a public road; exempts messages for emergencies and emergency personnel; assesses two points against the driver's record; imposes a 90-day suspension of license for the first offense, six months for additional offenses. Sponsored by Rep. Matt Ramsey, R-Peachtree City, this is the only texting bill to have passed one chamber after the House approved it last year and the Senate Public Safety Committee recommended its passage.

- HB 938: Same definitions and exemptions as HB23 but without an age restriction; assesses two points against the driver's record; imposes a 90-day suspension of license for the first offense, six months for additional offenses; sponsored by Rep. Allen Peake, R-Macon.

- HB 944: Prohibits use of cell phone, laptop or texting while operating a vehicle on a public road; $300 fine; sponsored by Rep. Amos Amerson, R-Dahlonega.

- Senate Bill 327: Prohibits texting while operating a vehicle on a public road; exempts cell phone calls and devices permanently attached to the vehicle; one point and $175 fine for first offense, two points and $500 fine for additional offenses; fines double if an accident is caused; sponsored by Sen. Steve Thompson, D-Marietta.

Objections include those from people who say ample laws already cover distracted driving carrying stiffer penalties, such as reckless driving. Others say it will be difficult to enforce. "How will our uniform officers be able to determine if I am texting or talking on the phone?" asked Rep. Gloria Frazier, D-Hephzibah.

Frank Rotondo, executive director of the Georgia Association of Chiefs of Police, said officers would have to use their judgment but wouldn't pull over drivers without strong suspicions.

Prosecution could be difficult because officers may not have a right to examine an electronic device or phone records without a court order and questions about personal privacy. "The phone, at that point, is not something that I believe, under current law, that [an officer] can take and read," said Rep. Doug Collins, R-Gainesville, an attorney who defends people accused of traffic violations.

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