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Texas lawmakers try again to ban texting and driving

If some Texas lawmakers have their way, texting while driving will soon become illegal in Texas. Former Texas House Speaker Tom Craddick recently filed legislation that would do just that. Texas lawmakers passed a similar ban on texting two years ago. However, Gov. Rick Perry vetoed the bill. Perry said that texting while driving “is reckless and irresponsible” but that he saw the bill as “a government effort to micromanage the behavior of adults.” The proposed law is named in honor of Alex Brown who died in a car accident that was caused by texting while driving. According to Craddick, the primary purpose of the ban is to stop the use of a wireless communication device to read, write or send a text communication while driving.

However, the ban does not encompass all potentially distracting tasks. For example, the ban would not apply to dialing a number on a cellphone, using GPS on a hand-held device, or using hands-free or a voice-operated device.

The proposed bill comes as Texas roads are more dangerous than ever. In fact, the last day without a fatality on Texas roadways was Nov. 7, 2000. Since that time, it has been estimated that 41,252 people have died in accidents caused by not wearing seat belts, drinking and driving and distracted driving. As cellphones have become more common, distracted driving has played an increasing role in accidents, injuries and fatalities on Texas’ roadways.

Texas’ distracted driving laws

The current law in Texas on distracted driving is practically nonexistent. Existing law only prohibits teenage drivers under the age of 18 from using a cellphone or texting while driving. Texas has also banned the use of hand-held cellphones and texting while driving while in school zones.

About 20 cities across Texas have passed ordinances against texting and driving. However, according to statistical information, the ordinances are rarely enforced. For example, since such an ordinance went into effect in Galveston in 2010, police have only issued 60 tickets-fewer than three tickets per month.

According to law enforcement, the problem in enforcing the law is the way that many ordinances are written. Many ordinances allow drivers to scroll through or dial on their phone, forcing law enforcement to determine whether a driver is dialing, finding a phone number or texting.

Law enforcement says that a complete ban on held-held devices is the only way that they can easily ferret out scofflaws. In El Paso, the only Texas city with a complete ban on hand-held devices, police have written more than 15,000 tickets since the city’s ordinance went into effect less than two years ago.

Consult an attorney

The chance of a statewide ban on texting while driving is unclear at this point. However, even if the bill is passed as-is, it contains many exceptions that will make it difficult for police to enforce the law. Unfortunately, this is likely to make it as effective as the current city ordinances in curbing texting while driving.

Despite the proven dangers of texting while driving, many drivers choose to forgo common sense, putting themselves and other drivers in danger for the sake of staying connected. If a distracted driver has injured you or a loved one, contact an experienced personal injury lawyer. An attorney can advise you of your rights and work to hold the responsible parties accountable for their negligent actions.

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Latigo
Houston, Texas

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Rodney Hampton (Super Bowl Champion, Former New York Giants Running Back)
& Andetria Hampton

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Remax 360

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Houston, Texas

It is with great pleasure that I recommend the services of The Weaver Law Firm. I have utilized the firm for over three years. Richard Weaver has provided legal representation crucial to my business. During these years, Richard has served us in various areas that include representing the company, business planning, company formation, litigation and court proceedings. He has a professional and personal commitment to my company. We consider The Weaver Law Firm an essential part of our business. It is our utmost true belief that he will provide the same high quality of service to you.

Richard Peinado, President
Peace of Mind Services, LLC
Houston, Texas

My company and I started working with the firm since the beginning of 2012. This is an honest firm, hard at work. We never had to hire a law firm prior to 2012, and we are not going anywhere else. Thank you, Richard. And thank you to all your staff for all the great help, service and attention to our needs.

Josué Munguía, President
Trinity Distribution, LLC
Humble, Texas

The Weaver Law Firm was highly professional, easy to work with and most importantly, time-sensitive to the clients' needs. During our lease negotiations, Richard Weaver was readily available and was very helpful in making progress to finalize the deal. I will recommend The Weaver Law Firm to my future clients and look forward to working with Richard again.

Richard E. Buxbaum, RADIUS Realty Advisors
Houston, Texas 77057

As a small business enterprise, it's important to have a good support network. The Weaver Law Firm is a valuable resource providing professionalism, expertise and reliability for my company. Whether it's contract review or filing with the state for corporate requirements, I know I can count on Richard and his team.

Enrique Cortez, President
Enitial Advanced Communications
San Antonio, Texas and Washington, D.C.

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Able Paving
Houston, Texas 77205

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Houston, Texas

I have used The Weaver Law firm for quite some time. Richard's knowledge and experience have always helped me. He has also saved me plenty of headaches. He is always straightforward and honest. He clearly explains what my options are and always answers all my questions promptly. In the future, if I ever need someone to represent me, or advise me on my commercial lease contracts it's always going to be Richard Weaver. I always recommend his law firm to everyone I know.

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Sav-On Mattress Outlet LLC

Richard is a skilled, hardworking attorney who is passionate about his client's success.

Isaac W. Kyle, CEO
iCityCondo, Inc.

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and Hee
El Segundo, California

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Nikki Blaze
Houston, Texas

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Joe Adams
Houston, Texas

Realtors are responsible for making real estate transactions run as smooth as possible, however, when there are problems, a real estate lawyer is necessary. For our family, Richard Weaver was just the lawyer for us.

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Jennifer Burke Tomball, Texas