New law creates fines for texting while driving

On July 15, Nebraska passed a law prohibiting people from texting while driving.According to nebraskalegislature.gov, "no person shall use a handheld wireless communication device to read a written communication, manually type a written communication, or send a written communication while operating a motor vehicle which is in motion."

The fines will only be given as a secondary offense, meaning the driver must be pulled over for something other than using a cell phone. The fine is $200 for the first offense, $300 for the second offense and $500 for the third and subsequent offenses.

The statute further states that a "handheld wireless communication device includes, but is not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant, a pager, or a laptop computer," and "written communication includes, but is not limited to, a text message, an instant message, electronic mail, and Internet websites."

In addition, drivers under 18 are prohibited from using any communication devices while driving.

Texting has become one of the primary forms of communication, especially among younger people.

According to 2008 statistics on distraction.gov, drivers using hand-held electronic devices has gone from 0.7 percent to 1.0 percent. Around 1.7 percent of 16- to 24-year-old drivers were seen using hand-held electronic devices, which was an increase from the 1.0 percent the previous year.

UNO student Allison Cornish thinks that the texting law is good to have in effect. She doesn't text while driving because it causes her to swerve. Her father is also a truck driver, so she understands the dangers of distractions like texting.

"My dad is a truck driver, so an accident due to someone texting and not paying attention to their driving could be devastating, since a semi can't stop on a dime," Cornish said. The fact that it is a secondary offense makes sense because there is no way a person could get pulled over just for texting. It would be hard to prove unless the officer took a look at their phone history."

She feels comfortable with the fines, but does worry about the enforcement of the law.

"Cornish also became a mother recently, which has changed her perspective on using electronic devices in the car. She said she does talk on the phone while driving, but even that has slowed down. She refuses to talk on her phone while her son is in the car. "Being responsible for someone other than yourself changes the way you approach driving," she said.

Omahan Mindy Totten said she supports the law, "mostly for the focus on teenage drivers."

After hearing the statistics, she was astounded.

"If accidents are getting caused by a silly text message, there needs to be some rules," she said.

Unlike Cornish, Totten does use her phone to text while driving, but minimally.

"I don't want to be a hypocrite," Totten said.

Totten thinks the fines are too much wonders where the justification is with setting such a large fine, especially for a first offense.

"I wouldn't make the first offense as substantial as it is, it's pretty hefty," Totten said.

Ashley Nihsen, a commuter to the Omaha area, agrees with Totten when it comes to the fines.

"I would lower the fine; definitely on the first one. Speeding [tickets] are less than that, so it should be the same for texting," she said.

According to, dmv.ne.gov, a person would have to be driving 21-35 mph over the speed limit to receive a ticket of $200 (excluding court costs) which, again, is the first fine for texting while driving.

Nihsen believes the law takes privacy away from individuals.

"I think that it [the law] is partly needed, but [it] infringes on personal privacy," she said. "I don't let the law govern me. I've never wrecked before and I don't think about the fact that it's a law now." The law, to her, is more of a scare tactic, which she states will work on some people, but not her.

Nihsen has trained herself to text without having to look at her phone.

Cornish worries about the ability to text without looking.

"One of my best friends has perfected the art of being able to text without even looking at her phone, which I don't know if I consider any safer," Cornish said.