Can You Legally Text While Stopped at a Red Light?

(KMDL-FM) Each day, hundreds of thousands of motorists zip and bounce along the streets and highways of Louisiana and Texas. Okay, in Texas, they "zip" a lot faster, and in Louisiana, they "bounce" a lot higher. In either case, the zipping or the bouncing requires the operator of the vehicle to be on their toes at all times in order to maintain proper control of the vehicle.

The recent influx of handheld technology, also known as your telephone, has given rise to a dangerous trend on the roadways, not just in Louisiana and Texas but almost anywhere where the rubber meets the road. That trend is distracted driving, and the only proof you need is right outside of your vehicle's window on any given day at any given time. Some law enforcement agencies call it the "new DUI".

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Texting seems to be the biggest culprit when it comes to distracted driving. Many vehicles now have Bluetooth systems that allow for hands-free phone conversations, but most of us don't have the ability or choose not to use our ability to send and receive text messages.

We all know that texting, both sending and receiving, takes our eyes and our minds off the road. And when you're traveling at freeway speeds, you can cover a lot of ground and get into a lot of trouble in that short amount of time because of the distance you'll travel. But what about when you're stopped?

Is It Against the Law to Text While Stopped at a Red Light?

Let's examine the scenario. You're stopped and not moving. You're in control of your vehicle with your foot on the brakes. You pose no apparent danger to other motorists at the moment. So, naturally, texting while stopped at a red light is absolutely against the law. At least in Texas and Louisiana, it is.

The way the laws read in both jurisdictions, even though you are stopped, you are still technically "in operation" of the vehicle. In most cases, although I don't see this particular fact spelled out in the letter of the law, in order to be not "in operation," the vehicle's engine must not be running, and the keys must not be in a position to crank the engine. Which is pretty hard to do, considering the way most modern key fobs operate.

Are The Fines Smaller If You're Caught Texting at a Red Light as Opposed to Driving?

Under the laws of both Texas and Louisiana, someone texting at a red light or stop sign would be subject to the same penalties and fines as a motorist who was texting while driving on the interstate would be.  By the way, posting on social media sites to a handheld device while operating a motor vehicle falls under these statutes, although more and more states are adding specific language to their laws to include that activity.

But don't fret, there are already hands-free text programs and devices available on the market; we just haven't been able to afford all of them yet. But it won't be long, and pretty soon that fancy phone you paid thousands of dollars for will become a dust-catching relic as new technology comes along and replaces it. It's just like what happened to these "innovations" that we thought would never go out of style.