WSP clarifies some issues on new E-DUI law

WASHINGTON - Not even two weeks into the new E-DUI law and residents are already petitioning for some changes regarding some of the secondary offenses.

Some 8,000 commercial drivers and workers alike have banded together in hopes of continuing to drink their coffee or eat a quick bite on their daily commute. The only problem; it’s still legal to do so. You only get pulled over if that distraction causes a driver to commit a traffic violation, like crossing the center line or following too closely.

“It is pretty common to sip a coffee or nibble on some fries. Most of us can sip our coffee and stay between the lines,” Washington State Patrol Communications Director Kyle Moore said in a Q & A with media members Friday, July 28. “The law does not prohibit any such activity. It just requires that activity does not interfere with the safe operation of the vehicle. If the driver does commit a traffic offense because the driver is distracted, then they are subject to an additional $99 fine.”

Just because you have a drink or food in your car though, an officer would need to see bad driving and determine that was caused by a distraction to administer the additional fine.

However, should you be pulled over for driving while using an electronic device, a standard $136 traffic fine will be issued for a first offense with the fine increasing to $234 for any subsequent offense within the next five years. Any violation will be reported to insurance companies.

According to Federal Motor Carrier Regulations, a Commercial Driving License (CDL) will be disqualified after two or more convictions of any state law on handheld mobile use while operating a Commercial Motor Vehicle (CMV).

Despite initial reports that officers in King and Snihomish county are issuing tickets, “the Washington State Patrol (WSP) is enacting a 6-month grace period to give people time to learn about the new law,” Moore said. “The WSP wants people to drive safely and comply with the law though and will be issuing warnings which will include printed rack cards that detail the law. Troopers will begin citing motorists if stopped more than once for the same infraction because they have already been educated about the issue.”

Officers are not exempt from the law either and can face stiff punishment should they cause an accident as a result of distracted driving.

WSP is hoping that all the outcry will spark a growing consensus on the issue and curtail most drivers using their cell phone. The state has had some success in keeping drivers to a 95 percent compliance with seat belt usage and has limited the amount of drunk drivers over the past decade.

Zach Johnson can be reached at lcmeditor@gmail.com or (509) 682-2213