Massachusetts DUI Attorney Blog

On March 2, the Massachusetts Senate voted to deal with the threat of drivers distracted by text messaging, accepting a Massachusetts House plan to make texting while driving a primary offense. This means that police officers may pull over and cite drivers for texting, regardless of any other infractions the driver may be committing. It also opens up the possibility that drivers caught texting could also be cited for secondary offenses such as not wearing a seat belt.

Texting while driving has been recognized as an increasingly serious problem on the roads. As the New York Times reported last summer, the Virginia Tech Transportation Institute (VTTI) researched the issue and found the risk of crashing twenty-three times higher than it would be for a driver who is not distracted. VTTI Director Dr. Tom Dingus commented on the drastically increased crash risk for texters: "You should never do this. It should be illegal." Texting takes drivers' eyes and concentration away from the task of driving for much longer than other distractions like changing a radio station. According to Dr. Rich Hanowski, Director of the Center for Truck and Bus Safety at VTTI, "texting is in its own universe of risk." Further study is underway, but the message is clear.

Even more interestingly for Massachusetts OUI criminal defense attorneys like me, some research shows that texting while driving may actually be more dangerous than driving drunk. Scientists at the University of Utah found that texting leaves drivers twice as impaired as drivers with a blood-alcohol concentration of 0.08 or higher. The lead researcher, David Strayer, concluded that you're more likely to be hit by a texter than a drunk driver. However, as of May 2009, Utah is the only state that treats texting drivers as harshly as drunk drivers who cause deaths, with up to 15 years in prison. In many other states, the practice is still completely legal, or legal for drivers over 21, while drivers who blow a 0.08 or higher face mandatory license suspensions and jail time.

Continue reading "Texting While Driving May Become a Primary Offense in Massachusetts" »

Several proposed new laws in Massachusetts would crack down on distracted drivers and older drivers and further criminalize some types of Massachusetts car accidents. Legislation prohibiting distracted driving is becoming increasingly common throughout the country.

A Boston criminal defense attorney experienced in handling Massachusetts traffic charges should be called anytime someone is charged as a result of a car accident. Like Boston drunk driving charges, criminal charges stemming from a car accident can have serious consequences.

Last week, the House approved a bill that would outlaw cell phones, except hands-free models with voice activated dialing. Massachusetts is considering the law in the wake of the passage of stiff new measures in a number of other states, including New York and Illinois.

"It is impossible to be dialing a phone and watching the road at the same time," the bill's sponsor, Rep. Jay R. Kaufman, D-Lexington, told the Brockton Enterprise.

The cell phone ban was attached to a larger proposed law that would crack down on distracted drivers and toughen oversight of older drivers. The measure now heads to the Senate, where it must pass before it would become law.

The measure also prohibits text messaging, e-mailing or web surfing while driving and would prohibit all use of cell phones by drivers under 18, as well as bus and train drivers.

The legislation targeting older drivers would require vision tests for drivers over the age of 75 and grant legal immunity to doctors who report their patients are not competent to drive, the Boston Globe reported.

Proponents of cracking down on older drivers contend the proposed rules do not go far enough, while opponents, including the AARP and the American Automobile Association, contend it is not fair to single out the elderly.

Continue reading "Massachusetts drivers could face additional criminal charges for distracted driving" »