State enacts new laws for cell phone use
by Eliot Duke
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Nearly 50 new state laws come into effect today that will change the legal landscape of North Carolina in a variety of ways.

Effective today, using cell phones to send e-mails or text messages while driving is illegal and is punishable by a $100 fine and court costs. Violations will not result in points on a driver’s license or insurance surcharges, and the law does not apply to on-duty police officers, firefighters or ambulance drivers. North Carolina joins more than a dozen states who have passed such legislation.

Capt. James Mills with Thomasville Police Department and Davidson County Sheriff David Grice said officers will go easy on motorists caught texting behind the wheel as more and more people learn of the new law. Passengers in a vehicle are still allowed to use their cell phones for such tasks.

“We need to do our best to let people know that this is a new law and you can receive a citation for a violation,” Mills said. “You’re basically doing multiple things when you drive. Adding texting is ultimately distracting because you’ve got to see what you’re sending and read what you’re receiving. It will be up to officer’s discretion, initially, but I think most will issue warning citations until most citizens are familiar with the law.”

A key challenge for police will be determining whether a person is actually violating the law by texting or sending an e-mail. Grice said his officers will have to make the discretionary call, as the legislation doesn’t offer a lot of guidance when it comes to enforcement.

“It’s hard to tell if someone’s texting or just dialing a phone number unless they just drive beside you,” said Grice. “Sometimes in the grand order of things, there’ are a lot of laws that aren’t actively enforced.”

Motorists also will have to make sure any frame around their license plate doesn’t cover the state name, year sticker or month sticker. A violation is considered a misdemeanor traffic violation and results in a $100 fine.

Sex offenders also are facing new restrictions under new state laws. Sex offenders are no longer allowed to drive a bus carrying children and victims of a sex offense may enter a permanent no contact order against the defendant. One law expands solicitation of a child by a computer to commit an unlawful sex act to other electronic devices. One new law also makes cyber-bullying a criminal offense, punishable by a misdemeanor.

The Nicolas Adkins School Bus Safety Act provides for the use of automated cameras or other video recording systems to detect and prosecute individuals who pass stopped school buses. The new law was recommended by the Child Fatality Task Force and is intended to increase the penalty for striking and causing the death after passing a stopped school bus.

Other new laws include:

• It is illegal for a school board member to willfully fail to discharge the duties of office.

• An act of larceny, destruction, defacement or vandalism of portable toilets or pumper trucks is illegal.

• The criminal penalty for altering, destroying or removing permanent serial numbers from a firearm or possessing such a firearm has been increased.

• Greater sentencing flexibility is given to child support collections for a person who fails to pay child support.

• A new law regulates the use of certain reptiles.

• It is now a criminal offense to remove, destroy or circumvent the operation of a electronic monitoring device.

• Cutting, injuring or removing another person’s timber resulting in damages exceeding $1,000 will result in an increased criminal penalty.

• The penalty for death by a motor vehicle is increased from a Class 1 misdemeanor to a Class A1 misdemeanor.

• It is unlawful to manufacture, sell, deliver or possess the drug salvia divinorum.

Staff Writer Eliot Duke can be reached at 888-3578, or duke@tvilletimes.com.
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