Starting June 10, 2010, Washington State law will restrict driving while talking on the phone, texting or checking a quick email without a hands free device. A violation of this law will be considered a primary offense. Therefore, this legislative action will be working against your social life and for the proposition that police will have an advantage in investigating drunk drivers.
Any criminal defense case requires a showing of probable cause or extenuating circumstance to detain a suspect. Probable cause in the realm of a DUI requires a catalyst before the vehicle stop. Elements such as a traffic infraction, excessive weaving, broken vehicle equiptment or lack of a seat belt would all support the ability for an officer to stop your car. Once the officer has the vehicle stopped, it's open season. Documentation that the smell of intoxicants are overpowering and a driver's eyes are 'red and watery' are generally staples leading up to a DUI arrest. With this factual situation,viola, the State has a nice argument for probable cause all wrapped up with a bow. Starting June 10th, talking on your cellular will become the ribbon for the State/City's DUI gift box.
Therefore, we leave you with these easy to remember cautionary messages:
1. While driving, ten and two is not a synonym for T9,
2. A smartphone is one with a handsfree device.
3. Life happens. Keep our number in your ICE category--its 206.621.1554--just be certain to make that call safely off the roadway...
Extra time???--check out the Seattle Times for more news on cellular phones and driving (see link below): http://seattletimes.nwsource.com/html/localnews/2011865286_apwacellphoneenforcement.html
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