Current law requires a warrant for law enforcement officials to obtain cell phone records if they suspect a driver was texting. However, the Textalyzer — a digital roadside test based on the Breathalyzer concept used to assess alcohol consumption — could change this process.
The Textalyzer would allow officers to view a suspected distracted driver’s cell phone for recent activity while still at the accident scene. The Textalyzer would determine if the driver had texted, emailed or performed any other phone activity that could have distracted them. If a driver refuses to turn over the phone for the test, it could result in a driver’s license suspension similar to the ramifications of not submitting to a Breathalyzer test.
Mark Rosekind, chief of the National Highway Traffic Safety Administration, states, “Radical change requires radical ideas.” While critics argue that tests of this type violate the Fourth Amendment, supporters of the new device believe distracted driving needs to be treated as seriously as impaired driving.
Although texting while driving is illegal in many states, many drivers ignore the law and engage in dangerous driving habits, such as updating social media profiles or taking selfies while behind the wheel. The potential legal consequences of failing the Textalyzer test could strike fear into drivers which may prevent distracting phone activities while driving.
Current data reflects the negligent attitudes of many drivers. Vehicle fatalities have jumped up eight percent, the biggest spike in the past 50 years. Crashes involving cell phone usage has risen over three consecutive years to comprise more than 25 percent of total car collisions in the United States. According to the Centers of Disease Control, more than 3,000 people are killed by distracted drivers annually.
Distracted drivers can cause serious injuries and even death as a result of their negligence. If you, or your loved one, has been hurt in a Sacramento car accident involving a distracted driver, contact the Arnold Law Firm. A personal injury attorney from our legal team can help you determine your legal options and guide you through the claims process.
Call (916) 777-7777 to schedule a free case review.
With personal injury cases, success is defined by more than the number of dollars awarded at settlement. Our clients come to us not just bearing physical and financial trauma, but emotional and situational scars, as well. As the legal process evolves, relationships are built with our clients that typically last for a lifetime. Sometimes, that […]Learn More
On November 8, 2018, Anna* and her family fled their home in response to the Camp Fire mandatory evacuation. The massive fire destroyed more than 18,000 homes, displacing 50,000 residents in the town of Paradise, California, and surrounding areas. They didn’t have friends or relatives in neighboring cities to stay with and soon discovered that […]Learn More
On a warm August evening, Ray G. and his family were driving home from a school sporting event. As his Ford F250 pickup traveled through an intersection on Washington Blvd in Roseville, California, a Toyota Corolla compact sedan ran the red light and slammed into the driver’s side of Ray’s truck. The driver of the […]Learn More
Kimberly and Brian, both established professionals in Sacramento, were excited about moving into a charming yellow house in one of the best neighborhoods in the area. They had agreed to a lease-to-own arrangement that allocated $3,500 per month toward rent and an additional $2,000 per month toward a refundable deposit for the potential purchase of […]Learn More
Matthew B. contacted the Arnold Law Firm after consulting with multiple attorneys in the Sacramento area, including another major personal injury firm and an attorney specializing in motorcycle accidents. His case was rejected by other attorneys due to complexity with liability. As the rider in a car vs. motorcycle collision, Matthew suffered significant injuries to […]Learn More
Mr. E was on his way to work one very ordinary fall morning when an inattentive driver ran a red light, collided with his vehicle, and changed his life forever. In that moment, although he didn’t realize it at the time, a chain of events was set into motion that affected every aspect of his […]Learn More