Police Unsure How to Enforce Texting Ban

Starting today, you might receive a hefty ticket if you’re texting while driving in Pennsylvania. But there isn’t TMI about how police will enforce the new law.

Some police departments are struggling to determine how they will tell if someone is texting.

“If you’re on your phone and playing with it, you’re getting a ticket,” said. “No ifs, and or buts. You’ll have to prove (in court) you’re not texting.”

Barkley said his officers will only be able to make decisions by what they see, which means anyone punching on their cell phones while driving could be pulled over for a ticket. But even he wonders how the magistrates will rules in court cases.

“It’s going to be hit-and-miss until we see what happens,” Barkley said, adding that he plans to give warnings for a couple weeks in an attempt to change the behavior.

isn’t so sure it will be easy to see who is texting and who is making a phone call.

“The law doesn’t address everything and there are some loopholes,” King said. “I get the whole point of (not) texting, but you’re still allowed to be able to punch in coordinates into the GPS. And obviously we’re not going to pull over someone for just using a telephone.”

King thinks that will make it nearly impossible for police to make a credible case against anyone since they would need a search warrant to look at their phone. He’s told his officers to “use your discretion and do what you think is best” when trying to determine if a driver was texting.

He added that it usually is obvious to officers when someone is texting rather than using their phone to make a call. Still, he expects the standard defense to be, "I was dialing my phone."

Police hope drivers will understand the consequences of texting behind the wheel and simply comply with the new law.

said their officers plan to stop anyone they see violating the law. He said the officers will talk to the driver and determine if they were texting or using their phone for other reasons.

“It is our hope that motorists comply and are not distracted while operating a vehicle on the roadways,” Fury said.

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