Everett, Wash.
Published: Friday, May 8, 2009

Defiance of cell phone law is widespread

Despite ban, many drivers continue to use their cell phones, police report

By Katya Yefimova
Herald Writer

 Nearly a year after it was made illegal, many Snohomish County drivers are still breaking the ban on talking on their hand-held cell phones.

And some are even getting in trouble for texting messages.

"When you talk on your cell phone, you are less aware of your surroundings. You need to be a 100 percent focused on driving," said Brandon Lee, a Washington State Patrol trooper.

More and more people are using hands-free devices -- which are legal -- while they are driving, but some research indicates it may not be much safer.

Laws banning drivers from using cell phones in Washington constitute a secondary violation: An officer can't stop you for using a cell phone alone, but can hand you a ticket if you are stopped for another traffic offense.

The ticket is $124, the standard for a traffic violation, Lee said.

Still, people are breaking the law and many are getting away with it.

Since the law came in effect last July, troopers have stopped more than 250 people in Snohomish County who were talking on their cell phones. Fewer than a third received a ticket.

State patrol statistics don't include numbers from police departments and sheriff's offices.

The text-messaging ban went into effect in January 2008.

Often, troopers give tickets just for the primary offense they pulled over a driver -- such as speeding or not wearing a seat belt -- and just warn them for talking on a cell phone or texting.

Statewide, troopers wrote about 1,200 tickets by the end of April for talking on a cell phone and an additional 150 for texting. Twice that number of drivers got away with a warning, Lee said.

As with any other offense, whether you get a ticket is at the officer's discretion. "When we stop cars, we are out there to educate people," he said.

Several states already have similar bans, including New York, California and Utah. Some states also have partial bans in place, such as only relating to teenage drivers or bus drivers.

Many people began using hands-free equipment for their cell phones since the law came into effect. However, some experts believe that's hardly a solution.

"We don't think you are ... safer with a hands-free device than with a hand-held one," said Steve Lind, deputy director of Washington Traffic Safety Commission.

Using a cell phone is the most common distraction for drivers, according to National Highway Traffic Safety Association. But the number of crashes or near crashes attributed to dialing is almost the same as the number associated with talking or listening.

"The intensity of the conversation is the distraction," Lind said.

A distraction can turn fatal. Last month, five children died in a car wreck in Houston, Texas, when the driver lost control trying to answer his cell phone.

One study of cell phone users, by the Carnegie Mellon University, used brain imaging to show that listening reduces by 37 percent the amount of brain activity associated with driving.

Cell phone use is the most visible distraction and easy for lawmakers to address, Lind said. Is it the most dangerous one? Probably not. Taking a CD out of the player and inserting a new one is much more dangerous, according to one study, Lind said.

Officers in Lynnwood keep an eye out for cell phone violators who break other laws, said Shannon Sessions, a spokeswoman for the Lynnwood Police Department.

Besides the obvious speeding and not wearing a seat belt, plenty of things can get you pulled over, such as following too close, crossing a double line and changing lanes without a signal. An officer might be willing to let you slide on one of those, Sessions said. But not if you are also talking on your cell phone.

"That really shows you aren't paying attention, and also why you aren't paying attention," she said.

Katya Yefimova: 425-339-3452, kyefimova@heraldnet.com.
© 2009The Daily Herald Co., Everett, WA