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ISP will fine you for using your phone while driving

by VICTOR CORRAL MARTINEZ
Staff Writer | December 31, 2020 1:00 AM

Law enforcement will begin to issue citations for violators of the hands-free device law established in July of 2020.

In the past six months, Idaho State Police issued 700 warnings for violating the hands-free device law.

Initially, an education period would allow ISP to warn violators, but now violations will be met with hefty fines and potential suspension of license.

"If you're texting or using a device, you're not driving," said ISP, Sgt. Curt Sproat. "For a lot of people, devices have become a habit, but it's a very dangerous habit when we're driving. That's why the law is in place and if a citation is the incentive some drivers need to put the device down and focus on the road, officers now have that option."

According to the Idaho Transportation Office of Highway Safety, 241 people were killed in Idaho in crashes attributed to distracted driving between 2014 and 2018.

Additionally, 20% of Idaho vehicle crashes are linked to distracted driving.

According to ISP, troopers have seen an increase in drivers using Bluetooth and other hands-free device options.

Idaho's hands-free device law requires electronic devices to be in hands-free mode while driving, including when stopped at a red light or stop sign. In other words, with few exceptions, the new hands-free law makes holding a cellphone illegal while operating a vehicle.

Drivers can only use electronic devices and mobile phones in hands-free mode; they are only permitted to touch devices to activate the hands-free mode and are not allowed to hold or support any electronic device or phone.

Activation of GPS, voice to text, and making or receiving calls is permitted with one-touch or voice command; Handheld use is allowed only if the vehicle is both stationary and not located in a public travel lane or an emergency;

Drivers are not allowed to touch a device for texting, emailing, apps, video, or internet use; should a driver receive two distracted driving violations in three years, the new law states insurance companies can consider those violations when establishing insurance rates for a driver.

Penalty for Violating the Hands-Free Law:

1st offense — $75 fine, with court costs = $131.50.

2nd offense within three years — $150 fine, with court costs = $206.50.

3rd and subsequent offenses within three years — $300 fine, with court costs = $356.50.

Three offenses in three years can also lead to a license suspension of up to 90 days.