On July 1, texting while driving will be a primary offense in Idaho - you can be pulled over and cited

Published: June 26, 2012 

Though some Boise media outlets have reported that texting while driving will be a secondary offense when a new law takes effect July 1, Idaho Transportation Department Officials and Idaho State Police said Tuesday that texting while driving actually will be a primary offense.

That means if a police officer observes you texting while driving, he or she can pull you over and cite you — unlike the seat belt law, which is only enforced as a secondary offense. It will be an infraction to text and drive, and violators will be fined $81.50.

Idaho is the 37th state in the country to adopt a law banning texting while driving, according to ISP.

Here is the text of the law:

49-1401A. TEXTING WHILE DRIVING. (1) As used in this section, "texting" means engaging in the review of, or manual preparation and transmission of, written communications via handheld wireless devices. This definition does not include voice operated or hands free devices that allow the user to review, prepare and transmit a text message without the use of their hand except to activate, deactivate or initiate a feature function.

(2) Texting, as that term is defined in subsection (1) of this section, while driving a moving motor vehicle shall constitute an infraction provided this does not apply to voice operated or hands free devices that allow the user to review, prepare and transmit a text message without the use of their hand except to activate, deactivate or initiate a feature function.

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