On April 30, 2009 the state of Tennessee legislature enacted a new law prohibiting text messaging while driving. The new law can be found at T.C.A. § 55 – 8 – 199 and in relevant part, provides:

“No person while driving a motor vehicle on any public road or highway shall use a hand-held mobile telephone or a hand-held personal digital assistant to transmit or read a written message; provided, that a driver does not transmit or read a written message for the purpose of this subsection (b) if the driver reads, selects or enters a telephone number or name in a hand-held mobile telephone or a personal digital assistant for the purpose of making or receiving a telephone call.”

Fines and potential punishments for the driving offense (which is a Class C Misdemeanor) are not harsh, with the maximum possible fine including court costs being not more than $60.00. I’ll also note that providing the vehicle is not actually in motion (ie: the driver is at a red light), text messaging is not a criminal driving offense.

This type of offense poses significant difficulties for prosecuting attorneys. Note that sub-section (b) states that if the driver is entering a phone number, they are not violating the law. How is an officer to know whether an individual driving a car is entering letters or numbers on their telephone? It’s impossible, they cannot. The Tennessee statute also specifically exempts police officers and emergency workers when in the discharge of their duties. I say this somewhat tongue in cheek, but can you imagine an ambulance driving 90 mph while the driver is texting? The statute specifically allows for it and it would not be a violation of the law. Obviously that was not the intent and certainly if that were to happen and a traffic accident occurred, attorneys would have a field day with the liability. At that point, who cares about a $60 traffic citation? However if texting while driving is unsafe for the ordinary citizen, wouldn’t it be particularly unsafe for officers and emergency officials?

As a Nashville criminal defense attorney, I foresee the situation where an individual is initially stopped based on a violation of the texting while driving law (when in reality, the individual is placing a phone call, or changing the song on his iphone). As a result of the stop, the officer discovers a large amount of marijuana in the vehicle and he is charged with much more serious criminal drug offenses. Assume the driver can establish he was not texting. Should the evidence be suppressed?

Aside from the practical difficulties the Tennessee criminal law poses for prosecuting lawyers, I anticipate there will be more complicated issues which will arise. If any of the above applies to your case, you should contact our Nashville criminal lawyers today to discuss your case.