Smartphones are extremely popular devices that have only appeared in the last few years, making legislation and enforcement regarding the use of these devices while driving particularly difficult. In general, it can take months, if not years, for a common understanding of a law to be established. However, in the event that these phones are used for their text messaging capabilities, the law has moved to educate drivers about the dangers and possible illegality of smartphone use.

Due to the capabilities of an Internet-ready phone, it is inherently difficult to describe what exactly the phone is as a device and how to legally classify it. While lawmakers may recognize a cell phone as a telephone, a smartphone can also function as a laptop with Internet capabilities. Therefore, where a phone may be illegal, a smartphone can be used in a way that bypasses the phone function and uses the smartphone as a mobile GPS device.

These issues are not necessarily recognized in existing laws and prohibitions, requiring lawmakers to update their legislation or draft new laws that more broadly address expansions in technology use. Specifically, many states have begun to describe the function of the device, not the device itself, by prohibiting its use for drivers. In some texting while driving bans, the device is not necessarily highlighted, but the act of creating a text message is.

As a result, it may be illegal in certain jurisdictions to create a message using any portable device. For many laws that work so broadly, lines are commonly drawn that devices, whatever they are and whatever they do, can be used in a hands-free capacity.

To learn more about how mobile devices work with existing bans, contact a car accident attorney.