New senator tries again to make texting while driving a primary offense

State statistics show a record-high 19 fatalities linked to distracted driving in 2020 — the most recent year for which statistics were available — and overall accidents peaking in 2017. (Courtesy of the Nebraska Department of Transportation Highway Safety Office)

LINCOLN — A record-high 19 Nebraskans lost their lives in distracted driving crashes in 2020, and a state legislative committee was urged Tuesday to do something about it.

But judging from the response from members of the Legislature’s Transportation and Telecommunications Committee, one step to do that — making texting while driving a primary offense — faces a tough road ahead, as in past years.

“Where do you draw the line?” asked State Sen. Mike Moser of Columbus, who chairs the committee.

Moser, along with some other members of the committee, posed a bevy of questions Tuesday about allowing law enforcement officers to pull over someone they see texting on a cell phone.

What would an officer have to witness? How could you prove someone was texting? Why not go after other forms of distractions, such as watching a video or talking on a cell phone or eating while driving? Would the bill be used to target drivers of color?

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