That means police would have to subpoena phone records to issue a citation, they say, and the only time they’re likely to do that is in the event of a wreck.
A motorist can be stopped if the officer sees the driver looking at his phone, but it’s hard to prove what the driver was doing.
“The driver could say he was looking at a map,” said Tomson. “It’s hard to prove unless they admit to texting.”
House Bill 1129 was introduced to prohibit typing, transmitting, or reading a text message or an electronic mail message while operating a moving motor vehicle unless the device is used in conjunction with hands-free or voice-operated technology, or unless the device is used to call 911 to report a bona fide emergency.
Defined as a Class C infraction, a citation can result in fines up to $500.