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Texting Not Reckless

Fairfax Injury Lawyer Brien Roche Addresses Texting Not Reckless

Brien Roche

Texting Not Reckless In One Fairfax Case

On May 15, 2011 a young man by the name of Jason Gage rear-ended a vehicle that had been driven by another young man by the name of Kyle Rowley.  Rowley had run out of gas on Route 7 and was in the process of pushing his vehicle off to the side of the road when the vehicle was rear-ended by Gage.

There was no evidence of speed by Gage but the police did determine that he had probably opened a text message about the time of the crash.  The police charged him with reckless driving.  At trial, in the Fairfax General District Court, the case was dismissed because the 2009 Virginia law dealing with texting makes it a minor traffic infraction punishable by $20.00 and, as such, that alone could not constitute reckless driving.

Fairfax auto accident attorney Brien Roche has written other articles dealing with texting and cell phone usage on this site.

There have been several studies over the years dealing with texting and cell phone usage, all of which indicate that such usage clearly is distracting.  In fact, a study from Virginia Tech Transportation Institute found that texting drivers are 23 times more likely to crash.

The majority of states in the Union have banned texting while driving just as Virginia has.  The federal government has actually called for a nationwide ban on cell phone usage behind the wheel.

Virginia’s texting law, however, is what is called a secondary offense meaning that a police officer can only charge the driver with that offense if the driver has been pulled over for some other violation.

It is possible that the Virginia General Assembly, in its next session, will deal with that issue and perhaps change the law.

For more information on texting see the pages on Wikipedia.

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Texting Not Reckless

Fairfax Injury Lawyer Brien Roche Addresses Texting Not Reckless

Brien Roche

Texting Not Reckless In One Fairfax Case

On May 15, 2011 a young man by the name of Jason Gage rear-ended a vehicle that had been driven by another young man by the name of Kyle Rowley.  Rowley had run out of gas on Route 7 and was in the process of pushing his vehicle off to the side of the road when the vehicle was rear-ended by Gage.

There was no evidence of speed by Gage but the police did determine that he had probably opened a text message about the time of the crash.  The police charged him with reckless driving.  At trial, in the Fairfax General District Court, the case was dismissed because the 2009 Virginia law dealing with texting makes it a minor traffic infraction punishable by $20.00 and, as such, that alone could not constitute reckless driving.

Fairfax auto accident attorney Brien Roche has written other articles dealing with texting and cell phone usage on this site.

There have been several studies over the years dealing with texting and cell phone usage, all of which indicate that such usage clearly is distracting.  In fact, a study from Virginia Tech Transportation Institute found that texting drivers are 23 times more likely to crash.

The majority of states in the Union have banned texting while driving just as Virginia has.  The federal government has actually called for a nationwide ban on cell phone usage behind the wheel.

Virginia’s texting law, however, is what is called a secondary offense meaning that a police officer can only charge the driver with that offense if the driver has been pulled over for some other violation.

It is possible that the Virginia General Assembly, in its next session, will deal with that issue and perhaps change the law.

For more information on texting see the pages on Wikipedia.

Contact Us For A Free Consultation

Contact Us For A Free Consultation