Issue date: 2/4/10 Section: News

Media Credit: Ashley Hinkle After the texting law went into effect Jan. 1 officers have had to contend with the problems of detecting texting while driving.

Since the law prohibiting texting while driving was put into effect Jan. 1, the SIUE police department has issued one ticket for this offense, according to Lt. Kevin Schmoll.

The student who was issued a ticket was stopped at an intersection and motioned an officer who was also stopped at the intersection to go ahead while holding her phone up by the top of the steering wheel, according to Schmoll.

Since she admitted she was texting when she was pulled over, and her phone was in plain view, she got a ticket. But it is not always easy for police to issue tickets for texting while driving even with the new law, according to Schmoll.

Officers can ask to look at the phone if they suspect texting, but it is difficult to notice texting while driving if the suspect isn't driving erratically or has some indication of preoccupation. If the officer is refused there is not much they can do short of getting a subpoena for the phone records, Schmoll said. The reason to get a subpoena for the records would most likely involve a serious accident involving death or a major injury.

Schmoll said he thinks texting while driving is more of a problem with high school and college students because people in these age group use texting the most.

The patrolling officers look for it more now since it is a law, according to Schmoll.

It is also against the law to be talking on the phone while in a construction zone or school zone unless it is "a law enforcement officer or operator of an emergency vehicle while performing his or her official duties," according to the Illinois vehicle code.

Junior business economics major Nolan Sharkey of Fairview Heights said he does not have to look at his phone when he is driving and texting.

"I think it's a good law, but I still do it," Sharkey said. "I do see a lot of people who are driving with their phones in front of their face though."

Director of Conferences and Institutes Tim Engelman said there should be a broader law when it comes to what drivers can do when they are on the road. He said he does not think people should text while they drive, but he also thinks that people who read newspapers when they are on the road should not, and there is no law yet banning that.

Director of Educational Outreach Roger Maclean said people need to use basic common sense when they are driving.

"I think you have to be aware of the situation," Maclean said. "I think it's crazy to text while I'm driving."

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