Texting while driving ticket numbers lower than most other SC traffic violations

FLORENCE, SC – Nearly a year after South Carolina lawmakers passed a bill banning texting while driving, local law enforcement officials say the number of tickets for the offense remains low compared to other traffic violations.

A Department of Public Health and Safety report shows that between December of last year and April of this year, just 230 texting-related tickets were issued by the South Carolina Highway Patrol throughout the entire state.

Highway Patrol Troop Five, the troop responsible for Pee Dee highways, showed 28 texting-related tickets for the same time period. Officers in both the cities of Florence and Darlington reported comparably low ticket counts as well.

Troop Five Cpl. Sony Collins said the number of tickets issued for texting while driving, at least for his department, is not outstanding when compared to other traffic violations because of the nature of the violation.

“When comparing this to other violations, like speeding or seat belts, those types of violations are going to be what we see more of because they’re more common,” Collins said. “But officers are also looking for texting and driving in addition to what we always see.”

Darlington Police Sgt. Kim Nelson said her department actively looks for seat belt violations, along with texting violations, because prohibiting that activity makes roadways safer.

She said the texting ban is a tough law for officers to enforce because the law is restrictive and somewhat vague in allowing officers to issue tickets.

“If we see some blatantly texting on the road, right in front of us, then we can issue the ticket,” Nelson said. “Otherwise it’s left to the officer’s judgment and what they view.”

Collins compared the enforcement techniques used when looking for drivers who text with looking for drivers who aren’t wearing a seat belt.

“As far as how officers approach the law, it’s very similar to the seat belt law,” Collins said. “We have to have a clear, unobstructed view of the driver operating the vehicle while texting on a mobile device to make the stop.”

Allowances

Unlike those in several other states, motorists in South Carolina are allowed to use handheld devices while driving, to a certain extent.

It’s legal for drivers to make calls, use a GPS system and text while lawfully stopped. Some patrol officers say this exception to the law makes it tough to enforce because a motorist could easily say he or she wasn’t texting.

“Part of it that most drivers will follow the law and try to drive as safely as they can,” Collins said. “Also, officers have to be sure of seeing the violation before making that stop.”

Other mobile device allowances include summoning emergency help (in any capacity), using a hands-free wireless electronic communication device and transmitting data as part of a digital dispatch system. Public officers practicing official duties are also allowed to use a mobile device at their discretion.

Penalties

Ticket penalties are $25 for the first offense and $50 for each subsequent offense. Distracted drivers will not see points against their licenses for infractions, meaning insurance rates will not increase for violators.

Under law, the enforcing officer isn’t allowed to seize, search, view or demand forfeiture of the motorist’s phone or electronic device. The officer is also not able to search or request a search based solely on the messaging-while-driving violation.

Violation of the law is not a criminal offense; Custodial arrests for a violation may occur only if a warrant is issued for the violator’s failure to appear in court when summoned, or for prolonged failure to pay the imposed fine.

State lawmakers, in imposing restrictions for messaging while behind the wheel, wanted the penalties to mimic those issued for not wearing a seat belt.

The law went into effect immediately after Gov. Nikki Haley signed it last June but drivers had a 180-day grace period when only warnings were issued; actual penalties began last December.

Driver Safety

“We know the average text message takes about four and a half seconds to read or type,” Collins said. “If you’re driving at 55 miles per hour, you can travel the length of an entire football field while looking at the phone.”

Most South Carolinians, and drivers just passing through the state, can frequently see signs displaying “Buckle up, it’s the law,” and “Click-it or Ticket” to let motorists know the law requires them wear seat belt in a vehicle.

Collins said the South Carolina Department of Public Safety has similar campaigns for the texting law that motorists may have noticed because the law is still relatively new.

Nelson agreed with this notion and said drivers, at least in Darlington city, are aware of the law and often choose to follow it.

“Before the law passed we would see people texting while driving, with no hands on the wheel and their eyes off the road,” Nelson said. “Now they know that’s illegal. I think people are more conscious of that while they’re driving.”

“Most people understand it’s a violation of the law, and most people have been adhering to that law,” Collins added.

Washington was the first state to pass a texting ban in 2007. Similar measures have been adopted by 46 states and the District of Columbia. Of the 4 states without texting bans (Arizona, Missouri, Montana and Texas), two prohibit text messaging by novice drivers and one restricts school bus drivers from texting.

This story was originally published May 24, 2015 at 2:48 PM with the headline "Texting while driving ticket numbers lower than most other SC traffic violations."