You may never consider getting behind the wheel after a night of drinking, but would you text and drive? About 45% of people in one survey admitted to doing just that. So even if you haven’t sent a message while driving, you probably know someone who has.
While texting and driving may seem innocent, it’s a crime in Utah, and it can lead to time behind bars.
Texting and driving is responsible for a lot of crashes. In 2015, AAA released a study where researchers examined nearly 1700 car crashes involving teen drivers, who were participating in a program that had a camera recording their driving habits.
The researchers found that out of all the crashes, 12% involved cell phone use. Furthermore, in the 6 seconds leading up to the crash, the drivers had their eyes off the road for 4.1 of those seconds. That gives them less than 2 seconds to react to what’s going on in front of them.
Distracted driving crashes lead to death on Utah roads. Between 2017 and 2021, 83 people in the state died as a result of distracted driving crashes.
In 2006, researchers at the University of Utah did a study that compared drunk drivers to those using cell phones. This was done using a computer simulation. One group had drank enough alcohol that their blood alcohol content was 0.08. The other group talked on the phone while they drove.
The researchers found that there were similar effects between the groups. The one that was driving distracted had slower brake reactions than when they weren’t talking on the phone, and they were involved in more traffic accidents.
Interestingly, this study was about just talking on the phone. It wasn’t about texting. Utah law doesn’t actually prohibit voice communication on your phone. However, a 2014 meta analysis examined 28 studies and found that reading and typing messages keeps people from adequately focusing on the road, responding to traffic, and controling the vehicle.
In Utah, texting and driving can land you with a class C misdemeanor. This means you can end up in jail for up to 90 days. You might also have to pay up to $750.
You may face harsher penalties if your actions caused severe bodily injury to someone else or you were already convicted for this crime within three years. Those two circumstances can raise the charge to a class B misdemeanor. This means you may serve jail time of up to six months with up to $1,000 in fines.
Let’s say you are sending an email while driving, and you get pulled over. The officer noticed you were on your phone, and he says you were driving erratically. It’s not a defense that you weren’t actually texting.
The law itself is actually called “Prohibition on using a wireless communication device while operating a motor vehicle.” It includes the following activities that you might do with a cell phone:
If you were caught doing any of those things while driving, you may end up facing jail time.
A phone isn’t the only thing that can get you in trouble under Utah law while driving. If you use any device that can be used for communications, you may find yourself with a class C misdemeanor.
Some of the other devices that Utah law specifically mentions include a personal digital assistant, a personal computer — which can include a laptop, notebook, or tablet — a GPS device, or a device that’s used to display video or still images like a portable DVD player.
Utah doesn’t make every use of your phone illegal while driving. It lists some exceptions:
You are also free to operate a device if it’s hands-free or voice-operated. This can include a system that is already integrated into your car.
The other exception is for police officers. They can use wireless communication devices while driving during official police business.
Let’s say a car in front of you is swerving in and out of lanes without signaling properly. You’re concerned that this person might be driving under the influence. If that person continues, people can get hurt. In this kind of situation, you aren’t likely to get in trouble if you call 911.
However, let’s look at another example. You are trying to find a friend’s house while you’re driving, and you put their address into your phone. You’re using it for navigational purposes, so you assume you won’t get in trouble. However, that actually counts as entering data into your phone. If you want to use your phone for navigation, you should make sure you look up the addresses before you drive.
Another crime that you may end up facing if you get in trouble for texting and driving is reckless driving. This is when you either commit at least three traffic violations over three miles or you travel more than 105 miles per hour. It is a class B misdemeanor.
If you were using your cell phone at the same time, that means you may face both a class C and a class B misdemeanor at the same time. In some cases, a judge may sentence you to jail time for both offenses. However, a good lawyer can help you get a less harsh sentence, which may include probation instead of jail.
If you get pulled over for using your cell phone while driving, you may get arrested. Do not try to fight police at the scene if this happens to you. You may think they are being unjust, but that is not the place to change their mind. A court of law is.
As soon as you can, make sure you get a good lawyer who can help you out. Whether you’re guilty or not, your attorney will let you know the best course of action to get you the ideal outcome in this situation.
Brown, Bradshaw & Moffat’s Kristin Wilson would be the perfect lawyer for you in this type of case. She’s been defending people accused of reckless driving and DUIs for years. She would love to help you out.
To get started, tell us about your case, and we’ll get back to you.
