New Jersey Texting Ruling Not What It's Been Made Out To Be
Marc J. Randazza, the wonderful First Amendment lawyer who came to my rescue when TSA worker Thedala Magee tried to squeeze me for $500K and squash my free speech, has a piece up at CNN that I hope people will pass around (to combat all the misinformation flying around).
Randazza writes:
The headlines and blogs are all abuzz with the latest news: If a driver who's texting gets in an accident and you sent the text, you can be arrested! Terrible, right?Actually, it's not true, despite what you may have been told by people who have seen two episodes of some lawyer show and think they are qualified to be legal analysts. Such ignorance about the law feeds misinformation that grows on itself, doubles back and makes us all dumber.
...The court held that theoretically, someone could be held liable for sending a text to a driver. But the ruling was very clear, and very, very limited:
"We hold that the sender of a text message could potentially be liable if an accident is caused by texting but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted."
In other words, yes, you can be held responsible if you cause an accident by sending a text message. But only if you knew that the recipient would look at the text message while driving. If you had any reason to have any doubt in your mind, then you will likely not be held liable.
"In other words, yes, you can be held responsible if you cause an accident by sending a text message. But only if you knew that the recipient would look at the text message while driving. If you had any reason to have any doubt in your mind, then you will likely not be held liable."
1, Note the word likely
2, There was a time you had to know you were committing a crime in order to be charged with violating it, not so anymore
3, Give it enough time and some DA will charge someone under this law
lujlp at August 31, 2013 3:48 PM
I have seen my nephew's GF text him from the passenger seat while he is driving. Seriously.
She doesn't like to say much in front of the Old Folks in the back seat.
bmused at August 31, 2013 8:48 PM
I have often texted instead of calling when I think so one is driving because I think it is better than calling...the txt they can see it is from me and wait for an appropriate time to read it. Messages like when you are going to meet someone such as "Running about 15 minute late." If I waited, I would likely be driving.
The Former Banker at September 1, 2013 11:46 AM
"If you had any reason to have any doubt in your mind, then you will likely not be held liable."
However, you still have to pay out of your pocket to mount a defense.
Cousin Dave at September 3, 2013 10:36 AM
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