While enforcing the new no texting while driving law may be difficult, the attention the law has received and the threat of having to pay $126 could make the roads of Emporia safer.
And that’s the overall intention of the new law, said Gary Smith, Emporia police chief.
Starting Saturday, law enforcement in the state of Kansas can fine drivers who are texting. sending an e-mail or instant messaging on a cell phone while driving. Drivers can be pulled over for these offenses alone, even if no other traffic infractions are committed.
The fine is $60 plus court costs, which are $66 in Emporia.
Smith said he likes the educational component of the law. He said there’s plenty of research and anecdotal evidence that shows texting while driving is unsafe.
“I think this law raises awareness to educate and inform people about the dangers of distracted drivers,” Smith said.
Smith said probably 95 percent of citizens do the right thing by not texting behind the wheel. Nonetheless, he sees texting as a symptom of a larger problem. Some drivers are paying less attention to actual driving.
“We urge people to have their full attention on driving,” Smith said. “Texting, talking on the phone, messing with the radio, eating or smoking all can cause distractions.”
The new law has several exceptions where texting is allowed, such as:
• A vehicle is stopped off the regularly traveled part of the roadway
• A person is reading, selecting or entering a number or name to place a call
• Reading emergency, traffic or weather alerts
• When receiving a message related to operation or navigation of the vehicle
• Reporting current or ongoing illegal activity to law enforcement. But Smith notes right now you can’t text 911 for help in Kansas.
How to prove whether a driver is illegally texting as opposed to looking up a phone number or checking the weather may be formidable.
Law enforcement in other states have experienced difficulties enforcing texting laws.
“It’s not by any means an easy thing to prove,” Capt. Randy Schultz of the Brown County Sheriff's Department in Wisconsin told the Green Bay Press Gazette. “The statement that the state is making is an important one, that the behavior is extremely dangerous. But it’s going to take some effort to reach our burden (of proof).”
A newspaper in Grand Folks, N.D., found that only one ticket had been written in the first two months a texting law was in effect in that city.
Smith said like some other laws, no texting while driving is well-intended but challenging to enforce.
In traffic accidents, officers may inquire about phone use and may ask to check drivers’ phones, Smith said. Like other traffic offenses, the officer will build a case, which can include a citation for texting, he said.
At other times, Smith is preaching a common-sense approach. That may include asking drivers to show officers the sent screen on their phones.
Smith said recently an officer pulled over a woman who appeared to be using her phone. The woman told the officer she was using her phone to access GPS. The officer told her to show him the GPS function, and he would call it good. But the woman did not have GPS capabilities on her phone.
Drivers have gotten warnings in Emporia for texting while driving since Sept 8. Smith said the number of warning tickets issued has been fairly minimal.
Other new laws
The start of the new year also means increased penalties for parking tickets and pet fines.
Parking tickets are still $5 but if not paid within 10 days of being issued, the fine jumps to $10.
If a vehicle has accumulated $100 in parking fines, it will be booted by the Emporia Police Department. The owner of the vehicle has 48 hours to pay the fine or make arrangements. If they don’t, it will be towed away.
The ticket accumulation totals will be retroactive, so 2010 tickets do count. For instance a person with $80 in unpaid tickets in 2010 would just have to ignore two more tickets to have the car booted.
The city will also begin enforcing its pet ordinance. Blaise Plummer, city attorney, said fines for an animal running at large will be $25 first time, $50 second time, $75 third time and $100 fourth and subsequent time, plus a $75 fine if the animal is not registered with the city.
Pet owners can now receive a free pet license. The licenses are available at the animal shelter, 12th and Hatcher; Emporia Police Department, 518 Mechanic St.; Dorsey Animal Clinic, 2909 W. 12th Ave.; East Emporia Veterinary Center, 602 Exchange St.; and Emporia Veterinary Hospital, 710 Anderson St. Pet owners are asked to bring written proof the dog or cat is current on their rabies vaccination.
justaflushaway (anonymous) says...
Does this include CATS????
Smith, why did you not say the total of warnings for texting? let me guess, more than 1 but less than 3.???.......Smith. the last 7 times I have driven through and about town, I have NOT SEEN A COP on the streets.. so what the hell are all those people that you have employed doing? You or the gazette need to publish the EXACT total of cops and every other person and their positiion in your cop shop in the paper, and if you wont the the EMPORIA GAZETTE should do it for you. And how many cars do you have, never see any of them either, is the basement of the courthouse packed with them???? And remember it is Illegal for citizens to fire off guns within the city limits , what do you plan to do tonight at 12:00 pm? yea yea I know by the time you got to the area, you could not find anything..... maybe you should have more that one cop on duty because the other one will be looking for texting, or better yet he will be the one texting.
December 31, 2010 at 2:58 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
Whew!
December 31, 2010 at 4:33 p.m. ( permalink | suggest removal )
tossedcat (anonymous) says...
So who is going to ticket the cops i see texting...oh yea its they know what they are doing in all situations and if you want to look at my phone you are going to need a warrant or i suppose you don't need them...(reason being i got his wife on speed dial)
December 31, 2010 at 6:59 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
Ouch! All I can say is anger management classes going well for y'all ?
January 1, 2011 at 12:54 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
What's the matter flush, still upset over getting the UIP tickets?
January 1, 2011 at 4:22 p.m. ( permalink | suggest removal )
justaflushaway (anonymous) says...
what the hell are you talking about neighbor?
January 1, 2011 at 5:12 p.m. ( permalink | suggest removal )
justaflushaway (anonymous) says...
just telling it the way I see it there justhefacts,, you might as well get use to it, or dont read my posts,
January 1, 2011 at 5:17 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
Just sharing my opinion. I think that is ok isn't it ? Don't be so sensitive. If you can't take it don't dish it out.
January 1, 2011 at 7:35 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Go see if they still offer a ride along program flush. Ride with them for a couple of weeks-month however long they will allow you to do so if they do. Then come on here and say they arent doing their job or imply they are off goofing off somewhere. The general public, namely the ones who who make statements like you did, have no clue about what kind of workload that law enforcement officers deal with day in and day out. When you've seen it first hand, have seen how busy they are 99% of time chasing rediculous nonsense calls, and going from one report to the next before finishing the paperwork required for the first call, I'll bet you'd change your attitude towards them and the work they do.
My post above maybe was out of line, but it's been my experience that when folks are negative about the police, it's because the cops are a threat to that person's life style or they have gotten many tickets in the past because they weren't smart enough to learn from them and change their habits.
January 1, 2011 at 8:38 p.m. ( permalink | suggest removal )
gogreen (anonymous) says...
Hmmm.. let me guess...you, neighbor, must be a a cop, married to one, or someone in your family is one...?
January 1, 2011 at 10:05 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
According to KVOE......
NEW TEXTING BAN NOW IN EFFECT
By Chuck Samples/KVOE News
Do you catch yourself driving and texting at the same time?
Thanks to Senate Bill 300 passed earlier this year, that combination is now illegal and punishable with a $60 fine and court costs.
Police Chief Gary Smith says this is part of distracted driving, which is becoming a widespread problem.
Lyon County Sheriff Jeff Cope says texting while driving is an increasing problem he hopes will get resolved through education and cooperation between the public and law enforcement.
There are exemptions for law enforcement and emergency personnel while on the job. Texts can also be read for emergency, traffic and other weather-related alerts and for motorists reading information related to the operation or navigation of their vehicle. Texting is also allowed in the prevention of injury to a person, damage to property or the reporting of a crime.
January 1, 2011 at 11:16 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
'Flush' -just for clarification purposes, I don't think there is a parking garage in the courthouse. There may be one in the Civic Building as I've seen cars exiting there. FYI I did ride with a cop last year and was surprised at the calls taken and how many rude people there in this town. Unless it changed, as long as you don't have a serious crime history you can ride.
January 1, 2011 at 11:29 p.m. ( permalink | suggest removal )
flyboy32 (anonymous) says...
Seems like anybody stupid enough to fire a gun in the air most likely will learn what goes up also comes down. Good way to thin out the herd. Darwin was right.
January 2, 2011 at 12:16 a.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Hmmm, nope.
January 2, 2011 at 12:51 a.m. ( permalink | suggest removal )
create (anonymous) says...
I don't know about you all, but I heard several shots fired off at midnight on the new year. True flyboy.
January 2, 2011 at 8:25 a.m. ( permalink | suggest removal )
Wichitawings (anonymous) says...
Yeah that was someone getting shot for texting!!
January 2, 2011 at 9:55 a.m. ( permalink | suggest removal )
Wichitawings (anonymous) says...
Happy New Year, lets pass a helmet law so brains are being scraped off of the pavement and holding up traffic.
January 2, 2011 at 9:56 a.m. ( permalink | suggest removal )
EsqEB (anonymous) says...
Flush: "Does this include CATS????"
Cats shouldn't be driving, let alone texting and driving!!
January 3, 2011 at 1:21 p.m. ( permalink | suggest removal )
justaflushaway (anonymous) says...
finally, EsqEB, you just won a trip to the Emporia Gazzete for something, I FIGURED SOMEONE WOULD COMMENT early!!
January 3, 2011 at 1:54 p.m. ( permalink | suggest removal )
flyboy32 (anonymous) says...
If you check the city on line ordinances, cats have to be licensed.
January 3, 2011 at 11:20 p.m. ( permalink | suggest removal )