Proposed bills look to criminalize texting while driving, regardless of age

Legislation to expand the texting while driving ban was met with conflicting opinions in a House committee hearing Wednesday [March 2]. The House Crime Committee heard three bills to criminalize texting while driving, regardless of age. In 2009, Missouri's legislature passed a ban on texting while driving, but limited the bill to those under age 22. Of the three bills discussed, two would make text messaging while driving a primary offense, allowing an officer to stop a driver solely for texting. The remaining proposal calls for a secondary offense; if passed, a driver would need to commit another infraction, such as speeding or improper lane usage, before being penalized for texting. Col. Ronald Replogle, superintendent of the Missouri State Highway Patrol, spoke in favor of the primary offense legislation. Replogle said the highway patrol wrote 66 distracted driving tickets in 2010, which includes actions like eating, changing the radio station or using a cell phone. "When you [send a text message] behind the wheel of a car, you are just as dangerous as a drunk driver," Replogle said. But the sponsor of the limited approach, Rep. Mike Colona, D-St. Louis, said making texting while driving a primary offense would effectively create a "criminal defense lawyer's dream." Colona said he's concerned with the difficulties officers could have proving probable cause for pulling over a driver under suspicion of texting and the possibility of profiling. Colona called his proposal "the most workable alternative" to a primary offense law. Rep. Nick Marshall, R-Platte City, said he was unsure the legislation balanced public safety with constitutional concerns. Marshall said he was worried constituents would feel government was "too involved" and harbor feelings of animosity. "We don't want to go out and hassle people that are doing legal activity," Marshall said. The committee took no immediate action on the proposals.