Abstract

https://ssrn.com/abstract=2602301
 


 



Driving While 'Intexticated': Texting, Driving, and Punishment


Russell L. Weaver


University of Louisville - Louis D. Brandeis School of Law

Steven Friedland


Elon University School of Law

May 4, 2015

47 Tex. Tech L. Rev. 101 2014-2015
University of Louisville School of Law Legal Studies Research Paper Series No. 2015-09
Elon University Law Legal Studies Research Paper No. 2015-05

Abstract:     
In this short article, we argue that texting while driving presents a special danger to society for which preventive solutions are needed. Although a variety of societal responses might be possible, and some other (softer) approaches should generally be preferred (e.g., education), since this is a symposium on homicide, it is appropriate to note that there will be situations when a prosecutor might justifiably (and probably should) bring murder or manslaughter charges against a driver whose texting causes a fatal accident. This article outlines the problems associated with texting, explains the legal basis on which homicide charges might be brought, and suggests some less drastic alternatives for dealing with the problem.

Number of Pages in PDF File: 12

Keywords: driving, texting, traffic law, criminal law, law enforcement

JEL Classification: K14, K42


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Date posted: May 5, 2015  

Suggested Citation

Weaver, Russell L. and Friedland, Steven, Driving While 'Intexticated': Texting, Driving, and Punishment (May 4, 2015). 47 Tex. Tech L. Rev. 101 2014-2015; University of Louisville School of Law Legal Studies Research Paper Series No. 2015-09; Elon University Law Legal Studies Research Paper No. 2015-05. Available at SSRN: https://ssrn.com/abstract=2602301

Contact Information

Russell L. Weaver (Contact Author)
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
502-852-6559 (Phone)
502-852-0862 (Fax)

Steven Friedland
Elon University School of Law ( email )
201 N. Greene Street
Greensboro, NC 27401
United States

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