Reading a Text Message Enough to Sustain Texting While Driving Charge
At the Distracted Driving trial, the police officer testified that he “observed the Appellant holding his illuminated cell phone at eye level.” and that “he was able to pass the Appellant’s vehicle slowly enough to clearly witness the Appellant holding an illuminated cell phone with the text message screen open and in plain view.” Id.
The alleged texting and driving violator denied that he was texting. “Appellant testified that the document indicated that there were no sent or incoming text messages within the timeframe of the stop. Id. Subsequently, the Appellant’s text messaging records from June 23, 2013 were entered as a full exhibit without objection from the State.1 See Defendant’ Id.
The Traffic Tribunal reasoned that:
“However, the trial judge specifically mentioned that § 31-22-30, “Text messaging while operating a motor vehicle,” prohibits activity that would not be reflected within the Appellant’s text message records from June 23, 2013, such as manipulating the phone and reading a text. See Tr. at 26-29; Tr. at 31. In addition, the trial judge credited the testimony of the Trooper stating that he observed the Appellant holding his cell phone in his hand, had a clear and unobstructed view of the text messaging screen, and witnessed the Appellant manipulating the cell phone with his hand as the Appellant’s vehicle swerved from the left to the right. Id. Appellant timely filed this appeal.” id.
