A form of the proposed anti texting and driving ban passed the West Virginia House of Delegates. A few days ago I posted about the West Virginia texting and driving laws on the West Virginia Car Accident Law Blog, noting that this legislation was coming up for a vote. It still has to pass the senate. It only allows for officers to cite motorists for texting and driving as a “secondary” offense rather than a “primary” offense. This means that cops cannot pull someone over just because they see someone texting and driving. There has to be some primary infraction or other reason to make the stop. Only then can the person be ticketed for texting and driving.
Honestly, even if it was a primary offense under the statute, it wouldn’t stop anybody. Who is going to be texting with a police cruiser right next to them? Most idiots who do this aren’t that stupid. The best enforcement for the texting and driving problem is civil trial attorneys who sue persons who injure others due to texting and driving. We can easily find out if someone had been texting at the time of, or immediately before, the collision.
See Charleston Gazette article today on the legislation.