Ready for Enforcement

If you're irritated about having to buy a cell phone headset, or don't see why the rules about chatting while driving have changed, here are some sobering statistics:

From 2003 to 2007 in Stanislaus and San Joaquin counties, and from 2004 to 2007 in Tuolumne County, at least five people died in car accidents in which someone wasn't paying attention because of a cell phone.

In those counties and Merced, distraction caused by cell phones left at least 234 people injured in more than 133 accidents, according to the California Highway Patrol. There were more than 300 accidents related to cell phone use.

Statewide, the numbers are even more stark.

According to CHP statistics, 1,091 crashes in 2007 were blamed on drivers using hand-held cell phones. A total of 447 people were injured in those crashes.

Local law enforcement officers

said they aren't particularly excited about the new law, but that it's just another part of the Vehicle Code they have to enforce. Local agencies do not appear to be planning special enforcement activities, such as checkpoints or extra patrols. But they're all taking the new law seriously.

Sgt. Robert Banks, who supervises the traffic unit in Patterson for the Stanislaus County Sheriff's Department, said he has a no-tolerance policy for drivers on hand-held cell phones, beginning Tuesday.

"If we observe it, we'll take action," he said. "We're not going to be giving a grace period."

Banks said he's seen near- collisions and drivers on cell phones drifting into other lanes, turning in front of other cars or entering intersections inappropriately.

"I've seen a lot of close calls," he said. "I see it every day."

Hits you in the wallet

Although fines for holding a phone and driving may not sound that steep, $20 for first offenses and $50 a pop for subsequent ones, court fees can drive those costs up to $190, according to CHP officer Tom Killian.

Killian said he thinks the law isn't quite strong enough, and that he hopes proposed legislation to ban text messaging will succeed.

"Take the time and learn the features of your cell phone," he said. "Set up that speed dialing. If you don't need to make that phone call, or if that incoming phone call is just for convenience, don't take it while you're driving a car."

Turlock police Capt. Mike Langston said the first step his department took when the cell phone law was announced was to draft an internal policy laying out the rules for police employees.

"We're going to model the right behavior," he said. "We're not going to have our employees using cell phones unless it's an emergency."

Langston said Turlock police probably would give a lot of warnings to get the city's residents up to speed. Education is more important than citations in this case, he said.

But he said drivers must get the message that holding a phone while on the road just isn't safe.

"Everybody knows it," he said. "You look out there and see people who are driving making crazy moves. They're all talking on their cell phones."

Modesto police Lt. Chris Fuzie said people seem to take driving for granted, as if it doesn't require full attention.

"We smoke, we listen to the radio, we get on the cell phone," he said. "I've seen people reading. That's not driving."

Fuzie said people should not hesitate to use a cell phone without a headset for emergency purposes. But that aspect of the law, he said, needs to be road-tested.

"What's an emergency? If your kid is sick?" he asked. "If somebody calls, are you going to answer the phone because it could be an emergency? It's up in the air right now because we haven't had to deal with it yet."

Fuzie said he hopes the law will lead to safer driving and more attention on the road. Cell phones and driving can mix, he said, as long as people take precautions.

"People just need to be safe about it," he said. "That's the main message: Focus on the driving. Because you are driving a 2,000-pound bullet."

Bee staff writer Emilie Raguso can be reached at eraguso@modbee.com or 578-2235.