Talking and Driving-Not That Simple

Posted Friday, August 26, 2016 by Andrew Charles Huff

Most people know state law prohibits using a cell phone while driving a car, the argument being talking while driving is simply too distracting. But the actual law restricting such use is not so clear.

RCW 46.61.667 prohibits “a person operating a moving motor vehicle while holding a wireless communications device to his or her ear….” You notice the wording does not prohibit one from actually talking on a phone, but simply “holding the device to your ear.” Many people have contacted me about this who were cited but didn’t make the connection yet. In other words, they weren’t actually speaking with anyone when pulled over so is this still a violation?

The answer depends on who you ask. The majority of judges and prosecutors I have dealt with on this issue strictly read the statute as prohibiting holding a device to your ear, even if you aren’t speaking with anyone.

However, a couple of municipal police agencies in Snohomish County don’t quite interpret the law so strictly. Rather, officers will only cite a person for this violation if it is clear they are speaking with someone and not just holding the phone to their ear. The reason? They say this is the intent of the statute and will enforce it accordingly.

Can we all say Hands Free!