Distracted driving laws prohibit any activity while driving that might distract a driver from the road and thereby cause an accident. Although these laws are normally enforced to prohibit the use of hand-held electronic devices while driving, they can be applied to other dangerous activities such as shaving while driving. For now, Alabama’s distracted laws are some of the most lenient in the nation.
Restricted Licenses for Novice Drivers
Alabama recognizes three different types of driving privileges – Learner’s Permit, Restricted License and Unrestricted License. Restricted Licenses are granted to 16 and 17 year olds who passed their driving tests less than six months ago. Intermediate drivers are subject to restrictions on when they can drive without an unrestricted driver in the car.
Distracted Driving Restrictions
16 and 17 year old drivers with Restricted Licenses are banned for all cell phone use while driving, including non-hand-held devices, on the reasoning that as novice drivers they need to apply all of their concentration to the road. Drivers with unrestricted licenses may use cell phones freely. All drivers, including drivers with unrestricted licenses, are prohibited from texting while driving.
Penalties
In Alabama, the fine for distracted driving is only $25 for a first offense. The fine increases to $50 for a second offense and $75 for a third offense. Two points are also deducted from your driving record. In Alabama, your license can be suspended for 60 days if you accumulate 12 points within two years.
In the Event of an Accident
If you are involved in an accident, Alabama’s distracted driving laws could become a major legal issue. In Alabama, distracted driving is considered prima facie evidence of negligence (the legal term for carelessness). In plain English, this means that if the other party proves that you were violating the Alabama distracted driving law at the time of the accident, you will be presumed to have been driving negligently unless you can prove otherwise. If your conduct was careless even though not illegal, the other party would still have the opportunity to prove that you were driving negligently under the circumstances.
The legal consequence that will follow if you can’t prove that you were not negligent depend on whether you are the defendant or the plaintiff. If you are the defendant, the other party only needs to prove that your negligence caused the accident in order to win a judgment against you. The only way out of liability be would for you to prove that the other party was also negligent. If you are the plaintiff, the defendant’s proof that you were negligent would defeat your claim – you wouldn’t be able to win a dime from the defendant.
Criminal Penalties
If you are involved in an accident that causes injury or death to another party while you were texting and driving, it is possible that the prosecutor might pursue criminal charges against you. In order to win, he would have to prove that under the circumstances your conduct involved more than ordinary negligence – “criminal negligence” is the legal standard necessary to support a criminal prosecution. Although criminal negligence is not precisely defined, it involves conduct more serious than ordinary negligence – driving for an extended time without looking at the road, for example. Criminal negligence is relatively difficult to prove.
Updated through September 1, 2016.