New Jersey has some of the strictest anti-distracted driving laws in the nation. However, legislators are concerned that despite current laws, individuals continue to perish and suffer injury as a result of distracted driving accidents in New Jersey at staggering rates. As a result, one New Jersey legislator has proposed a bold new bill that he hopes will ultimately prevent a great number of motor vehicle accidents caused by distracted drivers.
The measure would allow New Jersey law enforcement to confiscate a motorist’s cellphone if a given officer responding to an accident scene has reasonable grounds to believe that the motorist was engaged in illegal distracted driving behavior during the time of the accident.
This measure would most immediately affect persons involved in distracted driving accidents. Primarily, it would allow individuals injured by distracted drivers to more easily hold these negligent individuals accountable in court. However, it is hoped that the bill would also ultimately inspire drivers to avoid distracting behaviors in the first place due to risk of cellphone confiscation.
It is worth noting that the New Jersey Supreme Court recently ruled that law enforcement needs to obtain a warrant in order to access cellphone data due to the privacy rights of individuals involved in criminal cases. It is unclear whether or not this ruling would practically prohibit passage of the newly proposed cellphone confiscation law.
Regardless of whether this specific bill passes or not, its creation suggests that New Jersey lawmakers are well aware of the fact that current anti-distracted driving laws are not as effective at preventing accidents as the public originally hoped they would be and that further action is needed in order to protect New Jersey travelers.
Source: CNN, “After the crash: Driver's license, registration, cellphone, please,” Ed Payne, June 12, 2013
