Text Messaging While Driving

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-22-30 (“text messaging while driving”). Defendant argued that the Trial Magistrate misinterpreted the statute by including GPS use. § 31-22-30 states that “no person shall use a wireless handset or personal wireless communication device to compose, read or send text messaging while driving…”. By the language of the statute, a navigation device that only receives transmission is different from a cellphone that is capable of receiving and transmitting data. A navigation device does not come under the statute because this device can only receive, while a cellphone that can both receive and transmit does come under the statute. Since the defendant was using his cellphone, even if only for GPS purposes, the device fell under the provisions of the statute. The court noted that the definition of “text message” in the statute included the concept of reading. To read a device does not solely mean to read the letters and words of an email, text or message. Reading includes looking at words, symbols, characters displayed on the phone interface. Because the defendant was looking at his phone and the symbols of the GPS software, the Appeals Panel found that the defendant’s conduct violated the statute. Therefore, the Appeals Panel held that a driver using his or her cellphone for GPS still violates § 31-22-30. Accordingly, the trial court’s decision was affirmed. 

State of Rhode Island v. Joseph Furtado, No. T16-0004 (August 31, 2016).pdf