Last year, the Pennsylvania house voted to pass legistlation which would consider texting and driving a primary offense, meaning that if a police officer saw a driver texting while driving they would be able to pull them over and issue the driver a citation.

Now, the bill has made it to the Senate only to fall in a 33-14 vote to ammend the legislation to make texting and driving a secondary offense. A secondary offense means that an officer is only able to issue a citation after having pulled a driver over for a primary offense. In the case of texting and driving, this would essentially make texting and driving legal for those who are not speeding or committing any other primary driving offenses.

Joseph Markosek, author of the bill, stated, “My legislation would allow law enforcement to be proactive and stop these drivers before an accident occurs”.

The bill also takes into consideration the age of drivers, which was a turning point for some voters. If different circumstances apply to those of a certain age, particularly teens with driving permits etc., it can create a difficult situation for police officers who cannot usually tell a drivers specific age. Some states like New Jersey require a special stickers to be placed on younger drivers’ vehicles.

For now the bill is up for ammendment to settle the issues of age and primary vs. secondary offense, but members of the senate agree that in general texting and driving can be very dangerous. “I don’t think any of us would disagree that you should not be texting while driving,” declared Gordon.

Currently, 25 states have banned texting and driving.

If you or someone you know has been injured in a car accident contact the Pennsylvania personal injury attorneys at Lowenthal & Abrams, P.C. at 800-876-5299 to learn more about your rights.