Idaho Senate OKs texting ban, joining other states

BOISE — The Senate has a message for Idaho drivers: Put down the mobile device, quit texting and watch the road.

The chamber voted 29-5 on Wednesday to add texting-while-driving to activities banned under Idaho's inattentive driving statutes. It now goes to the House.

At least 19 other states have already made texting behind the wheel illegal, including 12 in 2009.

Sen. John McGee, a Caldwell Republican, especially wants to reach 18- to 24-year-olds he says are the most-likely to text while driving, impairing their visual, manual and cognitive abilities. He called this "thoughtful legislation that will save lives."

"Lord knows, we don't need a reduction in brain activity," McGee said. "If you're driving by at 70 mph and you're not looking at the road, you shouldn't be doing that."

Those convicted could be punished with 90 days in jail and a $300 fine, if his bill becomes law.

The measure isn't as far-reaching as some are mulling. Washington state, for instance, is considering banning cell phone use for licensed drivers under 18.

But it was still too much for some Idaho lawmakers.

Sen. Denton Darrington, R-Declo, raised concern that people who fight texting charges could clog up the court system with expensive jury trials where county prosecutors were forced to hire technical experts to determine whether somebody was actually sending or receiving a text while behind the wheel.

"I'm simply telling you, that is the downside," said Darrington, who said he doesn't text and drive, but has on occasion read a text message from one of his young relatives. "It will take that process to get the conviction in some cases. In fact, after the word spreads, in many cases."

And Sen. Curt McKenzie, R-Caldwell, pointed out that texting that leads to inattentive driving is already prohibited under Idaho traffic laws and can be punished with a citation. McGee's bill would make illegal even texting activities that don't impair a motorists ability to steer his or her vehicle, McKenzie argued.

"Let's criminalize conduct that is not safe and not criminalize conduct when it is done in a safe manner," he said.