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

12 Pages Posted: 5 May 2015  

Russell L. Weaver

University of Louisville - Louis D. Brandeis School of Law

Steven Friedland

Elon University School of Law

Date Written: May 4, 2015

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.

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

JEL Classification: K14, K42

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

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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