Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment, or navigation system—anything that takes your attention away from the task of safe driving.
Many states have enacted laws to help prevent distracted driving. These include banning texting while driving, implementing hands-free laws (that prohibit the use of hand-held electronic devices while driving), and limiting the number of young passengers who can ride with teen drivers.
Laws vary from state to state and are continually evolving, but, for example:
• Hand-held cellphone ban: 24 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands prohibit all drivers from using hand-held cellphones while driving.
• All cellphone ban: No state bans all cellphone use for all drivers, but 36 states and D.C. ban all cellphone use by novice or teen drivers, and 18 states and D.C. prohibit any cellphone use for school bus drivers.
• Text messaging ban: 48 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers.
o Missouri prohibits text messaging by drivers 21 years old or younger.
• Other states prohibit hand-held cellphone or all cellphone use by all or certain drivers in certain zones.
And some municipalities have enacted ordinances designed to limit distractions while driving, especially in school zones.
As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law (whether the driver was distracted while driving) and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.
This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).
In Wyoming, distracted driving is recognized as a significant safety concern, and the state has implemented laws to address this issue. Specifically, Wyoming has a ban on text messaging for all drivers, which is a primary law, meaning an officer can pull a driver over for texting while driving without any other traffic offense taking place. However, Wyoming does not have a hand-held cellphone ban for all drivers. The state does restrict cellphone use for novice drivers, who are not allowed to use a hand-held or hands-free device while driving. Penalties for violating distracted driving laws can include fines and points on the driver's license. It's important to note that while Wyoming has these state-level regulations, local municipalities may have additional ordinances that further restrict distracted driving, particularly in sensitive areas such as school zones. Enforcement of these laws involves the discretion of law enforcement officers and the judicial system, including prosecutors, judges, and juries, to determine whether a violation occurred and whether the evidence meets the burden of proof for a conviction or finding of responsibility.