We all know the dangers of drinking and driving. A driver under the influence is less alert and more prone to cause an accident, sometimes causing serious injury to other motorists. The way a DUI is treated varies from case to case, but the one constant seems to be the test results that led authorities to issue the citation for DUI. DUI’s are most commonly filed after an officer obtains a breath test result that shows the driver was over the legal limit for alcohol in their bloodstream. On the defense side of a DUI case, it is common to challenge many aspects of the case, including the test results. But what do you do when a traffic violation is not the result of drinking and driving, but might still involve driving while otherwise impaired…by your phone?

There is a lot of media attention on the issue of texting and driving, with everyone from pro athletes to musicians, to celebrities pledging to drive “text free”. To combat this growing problem, a Virginia company is developing a text radar gun of sorts. The device works as follows:

● The radar gun reads radio frequencies being generated from within your car.

● These frequencies are tied to cell phone use.

While the product awaits approval for use, several concerns come to mind. One significant issue is how will the device differentiate between who is using a phone; driver or passenger? Also, what about the talk to text feature found on nearly every smartphone in use? Despite the hype, there are safety features in place that many drivers use, yet are not detectable to another piece of electronic equipment. This is similar to the problems encountered with Breathalyzer, where false positives are not uncommon. Until the kinks are worked out, this product should not be put to use by police forces at any level.


For more information about texting and driving and the potential legal consequences, call an experienced criminal defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge.