Texting and Driving in Oklahoma: A Bad Combination
Texting while driving is a form of distracted driving. Distracted driving in general contributes to a significant number of motor vehicle accidents, including fatalities, each year. Oklahoma has made texting and driving against the law. It is a serious offense with legal implications aimed at promoting road safety and reducing the risks associated with distracted driving. This article discusses some of the legal implications of texting and driving.
Prohibition on Texting While Driving
Oklahoma law prohibits drivers from using a handheld device for manually composing, sending, or reading electronic messages, including text messages, emails, and social media posts, while the motor vehicle is in motion. (Okla. Stat. tit. 47 § 11-901d.) This prohibition does not apply when the communication is being made in an emergency situation and with:
- An emergency response operator;
- A hospital, physician’s office or health clinic;
- A provider of ambulance services;
- A provider of firefighting services; or
- A law enforcement agency.
If you are operating a commercial vehicle, texting and driving is also illegal, except in certain emergency situations. This is usually chargeable as a misdemeanor.
Primary Method of Enforcement
Texting while driving is a primary offense in Oklahoma, meaning law enforcement officers can stop and cite drivers solely for texting and driving without needing another reason for the traffic stop. This allows officers to enforce the texting ban effectively.
Penalties for Texting and Driving
The penalties for a class C license operator for texting while driving in Oklahoma can include a fine of not more than $100. The penalty is greater for a commercial driver, a fine of up to $500.
Repeat offenders or drivers who cause accidents due to texting and driving may face more severe penalties, such as increased fines, license suspension, and mandatory attendance at distracted driving education programs.
Muskogee’s City Ordinances
In addition, Muskogee city ordinances prohibit texting and driving. The penalty if caught is $400. This penalty may be in addition to other state-imposed fines.
Reckless Driving Charges
In Oklahoma, texting and driving can potentially result in reckless driving charges, depending on the circumstances and the actions of the driver. Reckless driving is a separate offense from texting while driving, but the two can be interconnected if the behavior of the driver meets the criteria for reckless driving under Oklahoma law.
In Oklahoma, reckless driving is generally defined as operating a vehicle in a manner that demonstrates a willful disregard for the safety of persons or property. This can include driving at excessive speeds, weaving in and out of traffic, engaging in aggressive maneuvers, or engaging in any other behavior that poses a significant risk to others on the road. Texting and driving while driving can be considered reckless behavior if it significantly impairs the driver’s ability to operate the vehicle safely. For example, if a driver is observed texting on a mobile device while swerving between lanes, running red lights, or failing to maintain a safe distance from other vehicles, these actions may be deemed reckless. (Okla. Stat. tit. 47 § 11-901.)
Potential Penalties for Reckless Driving
Reckless driving is a serious traffic offense in Oklahoma and can result in significant penalties if convicted. Penalties for reckless driving may include jail from 5 to 90 days, a fine from $100 to $500, or both for a first conviction. Penalties for a second or subsequent conviction increase to jail time from 10 days to 6 months, or a fine from $150 to $1000, or both.
Civil Implications When Texting and Driving Lead to Accidents
When a driver is involved in a motor vehicle accident while texting and driving, their use of a mobile device may be considered evidence of negligence or contributory negligence in civil lawsuits related to the accident. This means that the driver’s distraction from texting could be a factor in determining liability for damages and injuries resulting from the accident. Damages involved can vary from minor amounts to hundreds of thousands of dollars in cases of severe injuries or death.
It’s important for drivers in Oklahoma to understand and comply with the state’s laws regarding texting and driving to avoid legal penalties, protect their safety and the safety of others on the road, and minimize the risks associated with distracted driving. Consult with a Muskogee criminal law attorney to understand how the law can apply to your circumstances.
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Contact the Muskogee lawyers at the Wirth Law Office – Muskogee to set up an initial consultation today at (918) 913-0725. If you prefer to contact us by email, use the form at the top of this page.
