Using a Handheld Device While Driving and Distracted Driving Laws

Did you know that distracted driving has become one of the most dangerous and pervasive issues on the road today? This includes texting while behind the wheel, answering calls, or using apps while driving. Distracted driving poses serious risks on the road and could lead to accidents and fatalities.

This is why strict laws in Tacoma, Washington, govern the use of handheld devices while driving. As a motorist, you must understand these regulations. Consult a skilled Tacoma traffic attorney if you're cited for this violation.

Washington State laws specifically address distracted driving, especially when it comes to using a personal electronic device.

This information can be found under RCW 46.61.672, which states that:

• Using a personal electronic device while operating a vehicle is prohibited.
• “Use” includes holding or engaging with it to write, send, read, or view electronic data.
• Some exceptions include contacting emergency services, operating emergency vehicles, certain commercial drivers, and transit system employees using their devices for time-sensitive communications.
• The penalties can escalate for repeated offenses.
• Fines can increase for subsequent violations.

Prohibited actions under this statute include:

• Holding a phone or other device while driving
• Reading or sending text messages
• Browsing the internet or social media
• Watching videos or live streams
• Taking photos or using the camera while driving

When you are at a red light or in traffic, using your phone is still illegal.

This information can be found under RCW 46.61.673.

• This statute addresses distractions like grooming, eating, or reading while driving.
• It is considered a secondary offense, meaning you have to be stopped for another violation before you can be cited for this one.
• There is a base penalty, but there may be additional assessments that can increase the fine.

Law enforcement can add on additional citations if you are dangerously distracted by other activities, such as:

• Eating or drinking
• Grooming yourself
• Reaching for objects
• Interacting with passengers or pets in a distracting manner

Penalties can vary, as they depend on the nature of your offense and whether you had any prior violations.

• The first offense is a base fine of $136.
• Fines for subsequent offenses within five years increase to $234.
• There is a base fine of $30 for dangerously distracted driving that allows for additional assessments to be tacked on.

Distractions can fall under three different categories:

• Visual: This is when you take your eyes off the road, like when you look down at your phone screen.
• Manual: This is when you take your hands off the wheel, like when you’re holding your phone or typing out a message.
• Cognitive: This is when you take your mind off driving, such as when you are engaged in a heated conversation or are daydreaming.

In Tacoma and greater Pierce County, law enforcement actively enforces distracted driving laws through:

• Targeted patrols through high-traffic zones
• Undercover officers stationed at intersections
• Public awareness campaigns in collaboration with the Washington Traffic Safety Commission
• Officers are trained to observe subtle behavior like glancing down repeatedly, holding objects near the steering wheel, or having screens visible from outside the vehicle.

Distracted driving might seem like a minor offense compared to a DUI, but the consequences can be just as serious.

• DUI (RCW 46.61.502): This is a criminal offense with jail time and license suspension.
• Speeding: This is considered a civil infraction and doesn’t usually involve insurance notification, unless it’s in a school or construction zone.
• Distracted Driving: While this is a civil infraction, it is reported to insurance companies and is considered high-risk behavior.

In many cases, your Tacoma traffic attorney can argue that distracted driving citations deserve just as much legal attention due to their lasting impact on driving records and insurance. Count on them to help minimize the impact these citations have on your record.

• Never Ignore the Ticket: Failure to respond to a ticket can lead to additional fines and even license suspension.
• Check the Court Date: You will need to appear or respond by the date listed on your citation.
• Consult an Attorney: This is especially important if it’s a second offense or there are additional charges.
• Consider Defensive Driving Courses: Some courts allow citation dismissal after you complete a course.
• Prepare Your Case or Defense: Gather evidence like your GPS logs or witness statements if you want to dispute the charges against you.

It’s also important to take the time to understand the process involved after you receive your citation. While they aren’t criminal offenses, they can still impact your driving record and insurance rates.

Here’s what you can expect after you receive and review your citation.

• Pay the Fine: Paying the fine means you accept the violation, which will appear on your driving record and be reported to your insurance company.
• Request a Mitigation Hearing: You admit to the offense, but you still want the chance to explain. The judge may reduce your fine, but can’t dismiss the ticket.
• Request a Contested Hearing: You plead no contest and request a hearing so you can challenge the ticket. You can represent yourself or hire a Tacoma traffic attorney.

• Mitigation Hearing: This usually takes less than 10 minutes. You simply present your explanation, and the judge decides what to do.
• Contested Hearing: You or your attorney will question the citing officer if they are present. You can submit evidence or witness statements to challenge the ticket, and the judge will issue a ruling.

• Ticket Upheld: Pay the full or reduced fine.
• Ticket Dismissed: There will be no fine and no report to your insurance company.
• Deferred Finding: The judge might let you keep the ticket off your record if you maintain a clean record for a set period.

If you disagree with the decision, you can file an appeal, which must be done within 30 days. You must demonstrate that a legal error occurred, not just that you disagree with the outcome of your case. It is a much more formal process and usually requires the help of a traffic attorney.

Your Tacoma traffic attorney can be invaluable, especially during a contested hearing. They can do the following:

• Identify if there were any procedural errors or officer mistakes
• Cross-examine the citing officer in court
• Negotiate a deferral or reduced penalty
• Handle all communication with the court on your behalf

If you are facing a second offense or have multiple citations in Tacoma, legal representation is going to be incredibly important to protect your driving record.