Crime and Punishment: On 'Texting' and Driving

[WSJ_law_blog]

With apologies to Salt-N-Pepa, let’s talk about texts, baby.

According to a NYT story from the weekend, Americans are nearly unanimous in feeling that sending text messages while driving should be illegal. According to the story and accompanying poll, ninety-seven percent support the prohibition of texting while driving.

But a more provocative question, it seems: what should be the punishment for such infraction? On that question, the nation seems a bit more divided. According to the poll, about half feel that the crime should be punished at least as harshly as drunk driving.

“Someone who is texting creates just as much of a danger as someone behind the wheel who is inebriated,” said Michael Brooks, 38, from Limerick, Pa., to the NYT.

For insight into how that might play out — stiff punishments (prison time?) for texting, especially when injury or death is involved — one might look across the pond, to Britain. Early last year, the British government issued directives deeming prolonged texting as a serious aggravating factor in “death by dangerous driving” — just like drinking — and generally recommend four to seven years in prison.

Click here for an NYT story on how this is all playing out in Britain. Taking center stage in the story: the sad tale of Phillipa Curtis and Victoria McBryde. About two years ago, McBryde was killed when her car was rear-ended by a vehicle driven by Curtis.

According to the NYT:

Curtis was found guilty and sent to prison even though she was not texting at the time of the accident, because the new guidelines regard “reading or composing text messages over a period of time” as “a gross avoidable distraction.” Its effect, British judges have ruled, may go beyond the moment of composing a message. Such behavior is categorized the same as driving while drunk or high on drugs, as well as racing another driver.

During the trial, Curtis’s lawyer proved that Curtis was not sending a message in the moments before the crash. But a new text message had arrived just seconds before she plowed into the Fiat. And prosecutors contended that, in light of the long preceding text message conversation, the ping of the incoming message distracted her so that she did not notice the car in front of her.

“Since she had read all messages before, she was probably looking to read this one, too,” said Bill Sykes, a lead investigator.

Curtis was sentenced to 21 months in prison.

LBers, any thoughts on this?