Texting while driving convictions on the rise

Clayton 43

DeKalb 29

Fulton 100

Gwinnett 1,822

Source: Georgia Department of Driver Services

Texting while driving convictions in Georgia have risen dramatically in 2013, thanks largely to the work of one very determined Gwinnett County police officer.

Officer Jesse Myers has written nearly 800 citations so far this year. Assuming most of those citations aren’t challenged — a safe assumption, according to traffic attorneys, who say most offenders opt to pay the $150 fine — Myers is responsible for roughly one-quarter of the state’s convictions since the law was enacted on July 1, 2010. Georgia does not track the number of citations issued, just convictions.

Department of Driver Services spokeswoman Susan Sports said that as of Sept. 1, there have been 3,062 convictions statewide for texting since the law went into effect. Gwinnett is responsible for 1,822 of those, according to DDS statistics.

Conversely, there have been only 29 convictions in DeKalb County, 43 in Clayton and 100 in Fulton.

Police sources say enforcing the texting law has been a challenge. They have to prove drivers weren’t just dialing a number. It is also easy enough for a driver to stash a phone when a cop appears. Some drivers may also be unaware that most actions on the phone may be prohibited.

Statistics in Georgia are congruent with those in states that have legislated similar texting ordinances.

Gwinnett police did not make Myers available for an interview but officials credited the department’s use of motorcycle cops for their success in nabbing rogue texters.

“Most of the tickets written by GCPD were written by Motors Unit officers,” said Jake Smith, a Gwinnett police spokesman. “Motorcycles give the officers a unique vantage point. It’s easier for them to see down into vehicles from atop a motorcycle. Also, many people don’t immediately notice the person on the motorcycle next to them is a police officer.”

Smith said many drivers don’t know exactly what the law prohibits. In Gwinnett, citations are issued for anything beyond making or receiving a phone call.

“A careful review of the [law] reveals that drivers are prohibited from using most features and applications of cellphones while driving,” Smith said, even if the car isn’t actually moving.

Besides texting at a red light, it’s also illegal to use your phone’s GPS navigation function while driving. Same goes for scrolling through your list of contacts, though attorneys say the law is a bit murky when it comes to the last two elements.

Criminal defense attorney Esther Panitch, who handles some traffic cases and wrote an article about the texting ban when it was passed by the General Assembly, said navigation devices are exempted in the code section, which specifically prohibits accessing Internet data.

“Is your contact list Internet data?” she said. “Seems like a gray area to me.”

Smith said that’s up to a judge to decide.

“We recommend that the phone be mounted to the dash and programmed while legally parked in order to be safely used as a navigation device,” he said.

Ten states, along with the District of Columbia, have laws prohibiting all hand-held cellphone usage. Police say those laws are easier to enforce. In New Jersey, for example, nearly 10 times times as many cellphone-usage tickets were issued from 2010-12 than in Georgia.

Georgia legislators considered such a ban but determined it was too intrusive, said state Sen. Jack Murphy, R-Cumming, the bill’s sponsor.

“We knew it was going to take some time,” Murphy said. “It’s an educational process, just like the seat belt law. But I think you’re definitely seeing momentum build.”

Texting while driving causes approximately 1.6 million accidents per year, according to the National Safety Council. The National Highway Transportation Safety Administration says you’re six times more likely to cause an accident while texting than while driving intoxicated.

Young drivers seem to be getting the message. Smith said in Gwinnett, the violators “aren’t contained in the younger generations like you might expect. It seems to be spread out among all ages and genders.”

Atlanta commuter Brandon Linn, 34, said he’s become much more cautious after some friends were involved in accidents while texting.

“I’m trying not to do it at all,” said Linn, a data manager with LiveNation. “But it’s not easy.”