Introduction to Road Safety

Road safety is a top priority for everyone on Washington’s roads, and one of the most significant threats to safe driving is distracted driving. Distracted driving happens when a driver’s attention is taken away from the road by activities like using a cell phone or any personal electronic device. According to the Washington Traffic Safety Commission, distracted driver-involved crashes have accounted for at least 20% of all traffic fatalities in King County between 2008 and 2012—a sobering statistic that highlights just how significant the problem is. In Washington State, strict laws are in place to reduce the risks associated with using electronic devices while driving. It’s crucial for drivers to recognize the dangers of distracted driving and make a conscious effort to keep their focus on the road, not their phones or other devices. By understanding the risks and following the law, drivers can help prevent crashes, injuries, and fatalities on our roads.

Washington State’s New Cell Phone Law: Key Information

Cell phone use while driving has hardly ever turned up good results when paired together and the data keeps emphasizing this. So it comes as no surprise that Washington state will continue to crack down on distracted drivers. Governor Jay Inslee has just signed the new distracted driving law, known as the E-DUI law, which targets electronic device use while driving. This law applies to all Washington drivers and takes effect July 23, 2017. With the new law come some major changes for any person operating a car in Washington.

Here’s a brief rundown of what you need to know.

Understanding Electronic Devices

Electronic devices such as cell phones, laptops, and tablets are among the leading causes of distracted driving. In Washington State, the law is clear: using handheld electronic devices while driving is prohibited. This includes texting, making calls, watching videos, or any other activity that takes your attention off the road. However, drivers are allowed to use hands free devices, like Bluetooth headsets or speakerphones, as long as they only require minimal use of a finger to activate or operate. The goal of these laws is to minimize distractions and keep drivers’ attention where it belongs—on driving safely. Understanding what is and isn’t permitted under Washington’s distracted driving laws is essential for all drivers, as even a momentary lapse in attention can lead to significant crashes, injuries, or even fatalities.

What Devices Does This Apply To?

Mobile devices doesn’t just mean cell phones, though they are included. The new law also applies to laptops, gaming systems, wireless device, wireless devices, and any other type of two-way messaging devices.

The law applies to any person operating a vehicle, not just the driver.

A passenger may use a device, but the driver cannot use a wireless device while driving.

What Can I Be Ticketed For?

While operating a vehicle and holding the device in either hand, you cannot: compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data; watch a video; make or receive a calling; engage in talking on the phone; or send or read a text message.

Using a hands free device is permitted under certain conditions.

Additionally, activities such as eating or grooming may be considered a secondary offense if observed during a traffic stop for a primary violation.

What Can I Do With My Phone?

The law states that you can have “minimal use of the finger to activate, deactivate, or initiate a function of the device.” If you do need to use your phone for GPS or any other navigation, you can use a hands free device like a phone cradle.

However, drivers with instruction permits, an intermediate license, or intermediate licenses are not permitted to use any wireless device, including a hands free device, while driving—except to report an emergency.

Examples of permitted actions for fully licensed drivers include using voice commands to make calls or send texts, or presetting your navigation before you start driving.

What If I Am Stopped At A Red Light Or Stop Sign?

Even if you’re at a stop sign or a traffic light, it’s still a violation to use a mobile device while behind the wheel. It does not matter whether your vehicle is stopped or moving; the law still applies. The only exception is if you are using your device to report an illegal activity. An officer or police may observe you and you can be pulled over for violating this law. For example, if a driver is seen using their phone at a traffic light, an officer may pull them over and issue a citation. If you want to avoid a ticket and need to use your phone for any reason, you must pull off to the side of the road.

Safe Driving Practices

Practicing safe driving habits is one of the best ways to avoid becoming a distracted driver. Set clear expectations for yourself and your passengers: if you need to use your phone or access information, always pull over to a safe location first. Avoid multitasking behind the wheel—eating, grooming, or handling electronic devices can all take your focus off the road. In emergency situations, it’s best to use your phone only when absolutely necessary, and even then, pull over if possible. Passengers can also play a role in safety by offering to answer calls or send text messages for the driver. By making these safe driving practices a habit, you can greatly reduce your risk of being involved in a distracted driving crash and help keep everyone on the road safer.

Enforcement and Road Safety

Law enforcement agencies in Washington State are committed to keeping roads safe by strictly enforcing distracted driving laws. Officers have the authority to pull over any driver they suspect of using a cell phone or other electronic device while driving. If you’re caught violating these laws, you can expect to receive a ticket, with fines starting at $136 for a first offense and increasing for subsequent offenses. Beyond the immediate financial penalty, distracted driving tickets can have significant long-term consequences, including higher insurance rates and even the potential suspension of your driver’s license. Understanding the seriousness of these offenses and the role of law enforcement in maintaining road safety is essential for all drivers. By following the law and avoiding distractions, you can help make Washington’s roads safer for everyone.

Will This Make My Insurance Rates Go Up?

Yes, getting a ticket for distracted driving in Washington State can lead to higher insurance rates. Distracted driving tickets are considered moving violations, and most insurance companies will raise your premiums if you’re ticketed for this offense. The exact increase depends on your insurance company and your driving record, but the impact can be significant. To avoid these costly consequences, it’s important to practice safe driving and avoid distractions behind the wheel. Some insurance companies may offer discounts if you complete a defensive driving course or install anti-distracted driving devices in your vehicle. If you’re concerned about how a distracted driving ticket might affect your rates, talk to your insurance company about your options and take proactive steps to keep your premiums as low as possible. By staying focused on the road, you can protect both your safety and your wallet.

Will This Make My Insurance Rates To Up?

Most likely, yes. The prior law didn’t allow texting and cell phone tickets to go on your driving record, but now they will. The insurance companies will use any opportunity to raise rates so expect them to jump on this.

What’s The Fine For Breaking The Law?

For a first offense it will be $136 and subsequent offenses are $235. Those fees can add up quick, so you’ll have plenty of incentive to obey the law.

This new law may take adjustments for some drivers, but most of the requirements of the law should be required. Should you find yourself with a ticket for cell phone use that you don’t think is warranted, Elsner Law Firm can help. Give us a call today, walk us through your situation, and we’ll work with you to find out if there’s a case to be made.