Police Admit Pa. Texting Ban Hard To Enforce
Posted: 3:26 pm EST November 13, 2009Updated: 6:19 pm EST November 13, 2009
PITTSBURGH -- Pennsylvania lawmakers continue to attempt to join the list of a dozen other states in America to pass a ban on text messaging while behind the wheel. However badly needed the bill is, local officials said enforcing the ban could leave police in park.Monroeville Police Chief George Polnar is vice president of the Pennsylvania Chiefs of Police Association. He said there are some issues with enforcing the ban.“I think there may be some difficulty involved,” said Polnar. “I would hope the courts would be sensitive to the issue.”He said the main issue is proving a driver is texting and not placing a phone call from their mobile device.Carnegie Police Chief Jeff Harbin also pointed out that without a search warrant, drivers can refuse to hand over their phones.“If you have reasonable suspicion, you can stop the car, but testifying in court, lacking an admission or firsthand observation that you saw fingers moving, I think it’s going to be hard to prove,” said Harbin.State Rep. Joe Markosek, who sponsored the bill to ban texting, agreed that enforcement would be an issue, but the bill is necessary to make safe roads in the state.“There’s never going to be a perfect bill,” said Markosek. “It’s better to get something on the books that sends a loud and clear message to Pennsylvanians that texting is very dangerous.”Markosek said the ultimate goal is voluntary compliance and education. Offenders would face a $50 fine and $100 in construction zones.The bill just passed committee and is headed to the House floor for action next week.Lawmakers hope to have the House approve the measure by the end of the year.
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