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Having your day in court

Texting While Driving and Its Implications

by Beverley Lopez

Texting while driving involves the act of reading, seeing, writing or sending messages through a mobile phone while driving a motor vehicle. Texting while driving is a traffic offense and is even considered as a criminal violation in a number of jurisdictions if leads to serious injury or death. Because texting while driving takes away your attention from operating the car, it leads to an increased risk of a car crash. Here are the legislation and consequences that are in place in Australia concerning texting while driving, as well as why you need a traffic lawyer when faced with a similar charge.


It is against the law in all Australian states and regions to use a mobile phone while driving. This entails the following:

  • Texting
  • Talking
  • Taking videos/photos
  • Playing games

Why all the fuss about texting while driving?

Texting while driving can lead to:

  • Dangerous decision-making

Texting while driving influences your concentration and judgment and you may fail to make the correct decision regarding when to safely turn across approaching traffic.

  • Slower reactions

You usually react a bit slower when on the phone, especially when you are deep in tête-à-tête. You tend to react slowly to traffic signals and in some cases even miss them. Further, your brake reaction time is slower, plus you apply brakes with a lot of force and reduced control, which leads to shorter stopping distances between your car and other cars.

  • Deviating from your lane

You tend to swerve of your lane when you are using your cell phone even with minimal traffic.

Possible legal penalties

As mentioned, texting while driving is a traffic offense. Possible penalties include a blend of the following:

  • Criminal charges: this happens when you cause serious injury or death because you were texting while driving
  • Monetary fines: the amount may differ depending on the state
  • Imprisonment: if the violation results in bodily injury to another motorist or pedestrian, time behind bars may be enforced.

Besides the legal consequences, other penalties for texting while driving comprises the following:

  • Demerit points on your driving record
  • Revocation of your driving rights
  • Mandatory road safety course
  • Vehicle impoundment

What do you do when faced with texting while driving charges?

As stated, texting while driving is not to be taken lightly and may even lead to a criminal charge. You should get in touch with a traffic lawyer if you are facing charges related to texting while driving. It is particularly crucial to seek legal counsel from a traffic lawyer if the violation resulted in serious bodily harm or fatality. They can put up a strong defense on your behalf. Additionally, if the charge is a repeat violation, you should seek legal representation because the penalties tend to be harsher than first-time offenses.