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Hope Police Chief J.R. Wilson elaborated on a new law that went into effect Thursday prohibiting drivers from texting or sending emails from handheld devices while driving:
Aside from the fact that your job is law enforcement, comment on if you feel this was needed, or will be a benefit to the safety of drivers?
“While obviously my feelings are not germane to codified law, it is my personal view that prohibiting certain uses of cellular devices, such as those described in recent legislated acts, is an appropriate step and will have positive benefits for public safety. In some ways I believe the legislation was not as robust as it should be. While I have not reviewed actual research conducted regarding accidents and the use of cellular devices, I have heard and believe that a significant number of accidents are the result of driver inattention due to the use of cellular devices. I suspect that many of these accidents result in significant injury.”
Can an officer stop a teenager 17 or younger for talking on a cell phone while driving?
“This is a great question. The law states that drivers with a learner’s license or intermediate license shall not use a cellular telephone device or other interactive wireless device. Rule 3.1 of the Arkansas Rules of Criminal Procedure allows an officer to stop and detain any person who the Officer reasonably suspects is committing, has committed, or is about to commit a felony or a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property.
“Notice that Rule 3.1 applies to certain criminal acts only and allows the officer to make the stop based on reasonable suspicion (probable cause/reasonable cause is not required for the stop). Rule 4.1 of the Arkansas Rules of Criminal Procedure allows an Officer to make an arrest without a warrant when the Officer has reasonable cause to believe a person has committed any violation listed under the rule.
“One of the items listed under the rule allows an officer to arrest if an Officer has reasonable cause to believe that a person has committed any violation of law in the Officer's presence. In my opinion, it is Rule 4.1 that would be applicable to Officers making a stop for the acts regulating the use of cellular devices. Therefore, the simple answer to your question is, if an Officer has probable cause to believe that a person is in violation of the statute then he could make an arrest, thus make a stop.”
Hope Police Chief J.R. Wilson elaborated on a new law that went into effect Thursday prohibiting drivers from texting or sending emails from handheld devices while driving:
Aside from the fact that your job is law enforcement, comment on if you feel this was needed, or will be a benefit to the safety of drivers?
“While obviously my feelings are not germane to codified law, it is my personal view that prohibiting certain uses of cellular devices, such as those described in recent legislated acts, is an appropriate step and will have positive benefits for public safety. In some ways I believe the legislation was not as robust as it should be. While I have not reviewed actual research conducted regarding accidents and the use of cellular devices, I have heard and believe that a significant number of accidents are the result of driver inattention due to the use of cellular devices. I suspect that many of these accidents result in significant injury.”
Can an officer stop a teenager 17 or younger for talking on a cell phone while driving?
“This is a great question. The law states that drivers with a learner’s license or intermediate license shall not use a cellular telephone device or other interactive wireless device. Rule 3.1 of the Arkansas Rules of Criminal Procedure allows an officer to stop and detain any person who the Officer reasonably suspects is committing, has committed, or is about to commit a felony or a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property.
“Notice that Rule 3.1 applies to certain criminal acts only and allows the officer to make the stop based on reasonable suspicion (probable cause/reasonable cause is not required for the stop). Rule 4.1 of the Arkansas Rules of Criminal Procedure allows an Officer to make an arrest without a warrant when the Officer has reasonable cause to believe a person has committed any violation listed under the rule.
“One of the items listed under the rule allows an officer to arrest if an Officer has reasonable cause to believe that a person has committed any violation of law in the Officer's presence. In my opinion, it is Rule 4.1 that would be applicable to Officers making a stop for the acts regulating the use of cellular devices. Therefore, the simple answer to your question is, if an Officer has probable cause to believe that a person is in violation of the statute then he could make an arrest, thus make a stop.”
What would be possible consequences of being caught violating either the under age talking on a cell phone law, or the no exemptions texting law?
“Possible consequences include releasing minor children to their parent or guardian, a verbal and/or written warning, issuing a traffic citation, and possibly even incarceration, though I don't suspect this would likely happen except in the most unusual of cases. Anything above a warning would involve a monetary fine.”
Has this type of thing been a problem for Hope, based only on your knowledge or your officers’?
“The use of cellular devices by motorist of all ages is prolific. If the argument that these devices cause driver inattention is accurate, and I believe that it is, then this is a problem that affects the public health and safety of the citizens and visitors of Hope, Arkansas as much as any other city in the United States.”
What can you tell me about enforcing a law like this?
“Enforcing these newly created traffic laws will be much like enforcing all others. Time management, resource management, prioritization of workload, and the volume of workload required at a particular time will determine an agency's ability to effectively address traffic offenses.
“For HPD, most stops related to traffic violations are random based on observations of a particular Officer at a particular time when workload permits on-view activity. Some traffic assignments are assigned based on complaints, grant requirements, or other significant events such as school zones, holidays, parades, etc.”
--Stephanie Harris-Smith, Hope Star
