The Register-Herald, Beckley, West Virginia

Local News

January 20, 2012

Senator prefers texting as a primary offense

By Mannix Porterfield Register-Herald Reporter

CHARLESTON — Outlawing cell phone texting by adult drivers as a primary traffic violation is more workable, and that is the direction he would like to take, says Senate Judiciary Chairman Corey Palumbo.

His committee hasn’t looked at the proposal advanced by Gov. Earl Ray Tomblin, since it is being worked by a House committee.

Already, some delegates are questioning the value of making texting a secondary offense, meaning a traffic cop must spy some other moving violation before issuing a ticket.

“It’s practical,” Palumbo said Thursday, after a brief floor session.

“But I don’t think it’s as effective in getting people to comply with it as making it a primary offense, just like the seatbelt law.”

Tomblin made an anti-texting law one of his priorities in his State of the State address, saying that drivers become impaired by the distractions of punching in and reading text messages.

Under his proposal, texting by adults would call for a fine of $100 in the first citation, then $200 for a second, and $400 for third and subsequent crimes.

“I think it’s a better idea to make that a primary offense,” Palumbo said.

“Then you’ll get more people to comply with it.”

West Virginia law already forbids minors to text or talk with hand-held devices while driving. The new proposal addresses adult drivers, and covers not only texting but ordinary conversations on hand-held phones.

Given his preference, Palumbo said he would like to put more teeth into the governor’s bill by making it a primary offense, but isn’t sure if fellow judiciary panelists would go along with the concept.

 “Certainly it would be my preference to make it a primary offense,” he said.

For some time now, Palumbo has been pushing to make failure to hook up a seatbelt a primary traffic offense.

Another bill seeking that goal has been offered.

“I don’t think I will try to combine the two like we did last year,” he said.

“I think I’ll try to keep them separate.”

Last winter, the House let die his Senate-approved primary offense law in seatbelt usage.

“Absolutely, I would like to pursue that again this year,” he said.

Palumbo said he isn’t sure just when either measure will surface before the judiciary committee.

In Wednesday’s efforts, the House Roads and Transportation Committee discussed it for an hour but with so many questions and amendments coming, the chair, Delegate Margaret Staggers, D-Fayette, delayed any action until next week.

“We may see what the House does with texting,” Palumbo said. “If it looks like it’s getting bogged down over there, in the next couple of weeks, we’ll start moving it.”

— E-mail: mannix@register-herald.com

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