New Years’ Laws: Text Messaging Prohibition

January 8th, 2010 by Ryan

As of January 1, 2010, it is illegal, in the state of Illinois, to send text messages (SMS) from a cellular phone or similar device, while driving. This law makes a great deal of sense on one level – it’s obvious that one’s eyes and hands are occupied by text messaging to an extent that severely and detrimentally detracts from driving.

However, the quesiton arises, can this ever be enforced? A police officer would have to have an incredibly clear view to tell that a driver was even using their cell phone rather than searching for french-fries in their lap while driving. Furthermore, even in an officer did catch a person using their phone, there is no way to know that the person was sending a text message or email. They could just as easily be dialing a phone number or answering a phone call – which, to the best of my knowledge are still legal in Illinois.

So, is this law a good idea? Chances are it will be 99.5% unenforcible. Is it worth having completely impotent laws on the books? Is the legislature’s time better spent drafting laws that matter, that could have some practical effect? Or does the mere fact that a law exists act as a deterrent, even if everyone knows the law is unenforcible?