Use of Phone is NOT Sufficient for Conviction of Criminally Negligent Homicide Charge in Texas

In Texas, use of a cell phone at the time of auto accident was found not to be sufficient to support conviction of criminally negligent homicide. Montgomery v. State, 2011 WL 2150230 (Tex.App.-Hous. (14 Dist.) June 02, 2011) (NO. 14-09-00887-CR). 

“One of the State’s [expert witnesses] testified that he believed cell phone usage was a factor in a growing number of accidents and could have been a factor here, but he cited no data or studies in support of these bare conclusions….In addition to failing to present any evidence of an increased risk of death, the State also failed to present any evidence that such greater risk was generally known and disapproved of in the community….  Supported by additional scientific research and increased public awareness, Texans may one day determine that cell phone usage while operating a vehicle is morally blameworthy conduct that justifies criminal sanctions; however, the State failed to establish that such was the case in March 2008, at the time of this accident.”
 
Although use of a cell phone was found to be insufficient for a conviction of a criminally negilent homicide charge in Texas, note that Texas has banned the use of hand-held phones and texting in school zones.

Below is a list of cell phone bans and other highway safety laws in Texas gathered by Governors Highway Safety Association.  Source.  www.ghsa.org .  This table is not inclusive of all Texas highway safety laws. For more information, contact the Texas Traffic Safety Section.

August 2011

Handheld Ban All Cell Phone Ban Text Messaging Ban Crash
              Data
School Bus Drivers Novice Drivers All Drivers School Bus Drivers Novice Drivers
  Yes, w/ passenger <17
            (Primary)
Intermediate License, 1st 12 mos.
(Primary)
  Yes, w/ passenger <17
            (Primary)
Intermediate License, 1st 12 mos.
(Primary)
Yes

 

Sources: Insurance Institute for Highway       Safety (IIHS) and State Highway Safety Office.

Child Restraint Required
unless indicated, # refers to Yrs.(Lbs.)
Adult Safety Belt Permissible
unless indicated, # refers to Yrs.(Lbs.)
Maximum Fine
              1st Offense
<7 (and <57″) Not permissible $25

Sources: Insurance Institute for Highway       Safety (IIHS) and State Highway Safety Office.

Per Se Laws for Drugs (Forbidding Prohibited Substances in Driver’s Body) DEC/DRE Programs
          (Providing Law Enforcement Training)
  Yes

Source: State Highway Safety Office.

Inc. Penalty for High BAC Admin. License Susp. on      1st Offense Limited Driving Privileges During Susp. Ignition Interlocks Vehicle and License Plate Sanctions Alcohol Exclusion      Laws Limiting Treatment
*Meeting Federal Requirements
.15 90 days if .08 or greater; 180 days for refusal Yes Mandatory for repeat convictions Vehicle confiscation Yes Yes Yes

Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Conference of State Legislatures (NCSL) and State Highway Safety Office.

 

No state law

Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Office.

Learner Stage Intermediate Stage Full Privilege
          Min. Age
(Years/ Months)
Min. Age
(Years/ Months)
Min.
          Duration
(Months)
Required
          Supervised
          Driving Hours
(Night Hours)
Min. Age
(Years/ Months)
Nighttime Driving Restriction Passenger
          Restriction
(except family, unless noted)
15 6 20 (10) 16 Midnight – 5 a.m.
          (secondary enforcement)
No more than 1 <21
          (secondary enforcement)
17

Sources: Insurance Institute for Highway        Safety (IIHS) and State Highway Safety Office.

Motorcyclists Bicyclists
Universal Helmet Law (Year Enacted) Partial Law Universal Helmet Law Repealed
  <21; those who have not completed safety course or have no medical insurance (secondarily enforced) 1997  

Sources: Insurance Institute for Highway        Safety (IIHS) and State Highway Safety Office.

Length of Regular Renewal Cycle (Yrs.) Provisions for Mature Drivers
6 >85: renewal every 2 yrs.
>79: no electronic or mail renewal

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Type of Law Who is Covered (Yrs.) In What Seat Maximum Fine       1st Offense
Primary >15 All $50 (driver or passenger)
<7 (and >57′) – <17 $200 (driver)

Sources: Insurance Institute for Highway and State Highway Safety Office.

State Law
Permitted

Sources: Segway LLC and State Highway Safety Office.

Checkpoints Conducted? Frequency Legality
No   Illegal under              Texas’ interpretation of federal Constitution

Sources: Insurance Institute for Highway    Safety (IIHS) and State Highway Safety Office.

Rural Interstates Urban Interstates Other Limited              Access Roads
Cars
(mph)
Trucks
(mph)
Cars
(mph)
Trucks
(mph)
Cars
(mph)
Trucks
(mph)
75; 80 or 85 on specified segments 75; 80 or 85 on specified segments 75 75 75 75

Sources: Insurance Institute for Highway        Safety (IIHS) and State Highway Safety Office.

Violation / State Law Permitted Locations/Criteria Citation Issued To / Liability Image Taken Penalties      (Traditional Penalties)
Speed: Prohibited
Red light: Limited Local ordinance required Registered owner/
      Owner
2 or more photos or digital images of tag $75 max.; not criminal or record offense
      ($200 max.)

Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Violations Affected Enhanced Penalties Workers Must Be Present Signs Must Be Present
All moving vehicle violations Double original fine Yes Yes

Sources: National Work Zone Safety Information Clearinghouse and State Highway Safety Office.

Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.

 

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