Indiana’s Texting-While-Driving Ban: Why Is It Not Working and How Could It Be Better?

Citation data:

91 Indiana Law Journal Supplement 87 (2016), Vol: 91, Issue: 5

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Gormley, Emma
Digital Repository @ Maurer Law
Indiana; Texting-While-Driving ban; distracted driving; text messaging; cell phones; police enforcement; IND. CODE § 9-21-8-59 (2014); extralegal solution; nonlegal solution; Communications Law; Criminal Law; Law; Transportation Law
textual work description
This Note will identify and examine obstacles standing in the way of more effective enforcement of Indiana’s texting while driving ban and make recommendations on how to achieve greater success. Part I will take a closer look at what makes texting while driving so dangerous, situating it within the larger context of distracted driving. Part II will then focus on Indiana’s legislative response in particular, breaking down the texting-while-driving laws and discussing impediments to widespread and consistent enforcement. Part III explores alternative strategies for combating those impediments to enforcement, drawing from the approaches of other areas of law and extralegal alternatives, and finally recommending a strategy for incorporating both statutory and nonlegal adjustments that will best allow Indiana law enforcement to police and deter texting while driving.