Cellphone Law Violators Warned of Felony Charges
June 19, 2008
SACRAMENTO – Motorists caught violating the cellphone law, which is due to take effect on July 1, may face civil penalties or jail term if they cause a fatal accident. California District Attorneys Association chief executive W. Scott Thorpe made the warning even as he cautioned erring drivers that any additional violation might face the possibility of a manslaughter charge.
The implementation of the new law is expected to raise varied reaction from law professionals, insurers and even prosecutors and juries. Though other states have enacted similar laws, the effects of the law on California motorists are yet to be seen.
Prosecutors and the public see the implementation of the new law as part of the state’s tougher stance in prosecuting drivers - whether or not they are impaired by drugs or alcohol - who cause fatal accidents. In Los Angeles County alone, dozens of vehicular manslaughter cases are brought annually against sober but negligent drivers.
As part of tougher measures under the new law, a mobile phone violation during a fatal accident could trigger a misdemeanor, manslaughter charge and conviction on those charges carry a year in jail for each death.
It is predicted that the law will have tremendous effect in civil cases, especially in proving negligence in an accident. While in the past, a plaintiff had to prove that cellphone use was negligent behavior, under the new safety law, a judge can tell the jury that it must find defendants negligent in an accident if they use a mobile phone while driving.
The law also slaps violators caught by police with a $20 base fine for the first offense, and the amount could increase to $100 in some jurisdictions, including L.A. County, depending on the courts.
The law was introduced by Palo Alto senator Joe Simitian, based on a National Highway Traffic Safety Administration(NHTSA) report that 16-year-old drivers have a vehicle crash rate that is fully five times higher than the rate for 18-year-olds and nearly 10 times higher than the rate for drivers between 30 and 59 years old. It was passed into law last year.