In an effort to combat the rising numbers of car accidents and injuries caused by distracted driving, the New Jersey legislature is considering a bill that would allow police to confiscate driver’s cell phones at the scene of accident if they have “reasonable grounds” to believe the driver was texting or talking when the crash happened. By all accounts this move is one of the first of its kind by law enforcement and other states are expected to review similar laws.
Maryland and Washington DC have already banned the use of handheld devices while driving, but New Jersey is taking it a step further in considering allowing police to search the driver’s cell phone for evidence. Police officers would be required to give the phone back to the driver after searching its texting and call history.
Opponents of the bill say the proposed law will face constitutional challenges for authorizing unlawful searches. “Probable cause” is generally required before police are allowed to conduct searches, especially for such a personal device as a cell phone, which is not only confiscation of the device itself, but the personal and private information or data usually stored on it about or concerning the owner.
Whether New Jersey is successful in passing this law and cutting down on distracted driving, it is clear from the 3,000 distracted driving deaths and 387,000 injuries reported in 2011 that something must be done to keep our families safe on the American roadways.
If you have been a victim of an accident involving distracted driving, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland car accident attorney. Our office is conveniently located in Rockville, Maryland.