Distracted Driving Defense Attorney Fort Wayne

What is distracted driving? Specifically, you are considered “distracted” when you take your eyes off the road for any reason or are otherwise unable to focus your full attention on driving. This includes:

• Texting while driving
• Taking your hands off the wheel to hold a phone
• Driving under the influence of drugs or alcohol
• Driving under the influence of prescription medication
• Driving while extremely tired
• Driving while suffering from a medical condition.

If you have been charged with driving while distracted, a Fort Wayne criminal defense attorney can help save your driver’s license and protect you from serious penalties.

Indiana Law and Distracted Driving

Indiana Law makes it a crime to text while driving or read text messages or email while driving, even while you are stopped at a red light. Those under the age of 18 cannot even use a hands-free device to talk while they are driving. In Indiana, texting while driving is considered a “primary offense.” That means that an officer can pull you over and write you a ticket without there being some other infraction involved. Roughly 23% of all accidents involved cell phone use. About 3,000 people die each year as a result of distracted driving.

Essentially, a person may not use a handheld electronic device while driving without the aid of Bluetooth. Indiana has no other laws concerning distracted driving.

Three Types of Distraction

The CDC explains that there are three main types of distraction. These include: 

• Visual distraction (taking your eyes off the road)
• Manual distraction (taking your hands off the wheel)
• Cognitive distraction (taking your mind off driving)

Those who text while driving are engaging in all three types of distraction at the same time. 

Penalties for Distracted Driving

Texting while driving, reading emails while driving, or looking at your cellphone while driving, even if you are stopped at a red light, can be charged as distracted driving. Typically, this would be charged as a moving violation, which would add points to your license and potentially cause your license to be suspended. However, if your driving is so bad that you are endangering other drivers on the road or you end up injuring someone because you were texting while driving, Indiana can and will charge reckless driving alongside texting while driving. 

What is Reckless Driving?

Reckless driving is a very serious traffic infraction. It is charged when a driver blocks the flow of traffic, endangers the safety or property of others, fails to maintain a lane, or drives extremely poorly. While in most cases, reckless driving is a Class-C misdemeanor, it can become a Class-A misdemeanor if someone is injured. In those cases, the court generally recommends the suspension of the driver’s license.

Talk to a Fort Wayne Traffic Ticket Defense Lawyer Today

If you are charged with distracted driving, it will put more points on your license, cause your insurance rates to spike, and may cause your license to be suspended. The attorneys at The Bellinger Law Office can help you fight the ticket, prevent those points on your license, and prevent license suspension. Call today to learn more about how we can help.