Text Messaging While Driving

Defendant appealed the trial judge’s decision to sustain the charged violation of G.L. 1956 § 31-22-30, “Text Messaging While Operating a Motor Vehicle.”  Defendant claimed that the trial magistrate’s decision to sustain the charge was an abuse of discretion and that the Trooper’s testimony was insufficient to sustain the violation.  The Trooper testified that while following the Defendant, he observed a persistent glow coming from the rear window, that he pulled alongside the Defendant and shined his light into the cabin, and observed the Defendant holding his cell phone in the center of the steering wheel with the Defendant’s fingers “going at the cell phone.”  The Defendant attempted to produce phone records which he claimed would show no text messages were sent or received within the timeframe of the alleged violation.  The Panel reviewed the plain language of the statute, which states that “[n]o person shall use a wireless handset to compose, read or send text messages while operating a motor vehicle on any public street or public highway within the State of Rhode Island.”  The Panel noted that the statute clearly prohibits reading text messages as well as composing but not sending text messages, neither of which would be captured in the Defendant’s phone records from his service provider.  The Panel also noted that the statutory definition of “text message” includes not only text messages but also instant messages, electronic messages and emails. The Panel held that the Trooper’s testimony was sufficient to prove the elements of the statute.  Accordingly, the Panel sustained the charged violation.

State of Rhode Island v. Brian Gilbert, C.A. No. T12-0004 (April 2, 2012).pdf