Spanish Fort considering making distracted driving a primary offense

Posted 3/22/11

SPANISH FORT, Ala.—City leaders are moving forward with consideration of an ordinance governing the use of wireless devices while driving within the city limits, but Mayor Joe Bonner said the issue will be addressed “not quickly, but …

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Spanish Fort considering making distracted driving a primary offense

Posted

SPANISH FORT, Ala.—City leaders are moving forward with consideration of an ordinance governing the use of wireless devices while driving within the city limits, but Mayor Joe Bonner said the issue will be addressed “not quickly, but wisely.”

The ordinance, modeled in large part after the ordinance prohibiting distracted driving in Daphne more than four months ago, would also most likely include a 30-day adjustment period, allowing residents to ease into the new law.

Spanish Fort’s ordinance would differ from those of neighboring municipalities, however, by making distracted driving a primary offense as opposed to a secondary offense that can only be cited in tandem with commission of a primary offense.

“We dilly-dallied around with seatbelts (as a secondary offense) for 12 years,” said Bonner before shifting the violation to primary status with “good results.”

Of course, police officers must still have probable cause to suspect a violation of the law is taking place, said City Attorney David Conner, meaning they might pull a driver over for suspicion of driving while intoxicated only to learn his texting was causing him to weave in and out of lanes.

“If we’ve got something stiff in place, I’m going to feel a lot better. If you want to call it putting the fear of God into people, then so be it,” Bonner said.

It was not immediately clear when any action might be taken on the proposed ordinance, but Bonner asked council members during Monday’s informal work session to review the most recent drafts placed in their mailboxes and be ready to discuss the matter in detail during the April 4 work session.