Traffic officers across Kings County are gearing up for Thursday's change in the cell phone driving laws, as the new year looks to bring the focus "back on driving" and away from text messaging, according to California Highway Patrol spokesman Jerry Pierce.

The new cell phone driving law states that a person is prohibited from "driving a motor vehicle while using an electronic wireless communications device to write, send or read a text-based communication." Any officer that spots a driver talking into their cell phone without a hands-free device or texting while driving can be pulled over for a primary offense.

"Many times when we stop people for having their cell phone out while driving, they claim they were just receiving or sending a text message," Hanford police Traffic Officer Brent McCreary said. "This law is going to take that argument away from them."

The law specifies that drivers are still allowed to "read, select or enter" a name or telephone number into a wireless device "for the purpose of making or receiving a telephone call," but any other use by non-emergency services personnel is considered a violation of the law.

"Before this law came into play, we had to pull over most juveniles for speeding or driving recklessly, not for texting on their cell phones," Pierce said. "Anything that puts the focus back on driving is a good thing. Anything that encourages both hands being back on the wheel is a good thing."

Many police officers and law enforcement officials hope that the new laws will help make the roadways a little safer.

"I don't think people respect and understand what is going on here," Pierce said. "Most people think it is OK, as long as they don't get caught. It just keeps happening more and more. I just hope that once these laws are in place, the numbers will go down."

Hanford traffic cops predict that at least nine or more citations are issued a day to drivers that are talking into their cell phone while on the road, but without using the required hands-free headset.

"There are more offenders out there that we are seeing, but we just can't get to them all," McCreary said.

An initial offense for driving while talking into a cell phone without a hands-free device or texting while driving carries with it a $20 fine, which can then go up to $50 for each subsequent offense. However, officials with the Office of Traffic Safety say this is just the base fine. After court fines and legal fees, the fine can be upwards of $100 for a first offense.

"I don't even work patrol on a regular basis and I've even written up a handful of people for cell phone violations," Pierce said. "One gentleman was talking on his cell phone as I pulled up behind him, but he didn't put it away. So, I pulled up next to him and there was a baby in the front, not even properly restrained in a child seat. When I tried to get his attention, he held up his finger for me to wait. He was busy on the phone."

But not everyone agrees with the new law. Hanford High School student Louis Hernandez said that driving and talking at the same time comes naturally to many teens, who have grown up with a phone in one hand and a steering wheel in the other.

"If I can play games or do homework and talk at the same time, I don't see why driving is any different," Hernandez, 17, said.

The new law goes into effect on Jan. 1 and officers will not be giving drivers a grace period.

"We are doing this to make things a little bit safer out there," Pierce said. "Anything that can help is a blessing."

The reporter can be reached at 583-2425.

(Dec. 31, 2008)