Text Messaging While Driving

Defendant appeals the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-22-30 (“text messaging while operating a motor vehicle”). Defendant argued that he was using his cell phone for GPS and therefore was not text messaging. Following R.I.G.L. 1956 § 31-22-30(a)(9), which defines use as “hold[ing] . . . in one’s hands,” the Appeals Panel found that the trooper did not present any evidence that the defendant was holding his cellphone in his hands. Therefore, there was not enough evidence to convict defendant of text messaging while operating a motor vehicle. Accordingly, the trial court was reversed and the violation was dismissed. 

State of Rhode Island v. Nabil Kiriaki, No. T14-0057 (March 11, 2016).pdf