Friday, August 23, 2013

Auto Accidents: Texting and Driving

According to the National Safety Council, more than 100,000 accidents involving texting while driving occur each year.  Research indicates that texting while driving can result in an eight times greater chance of getting in an accident.  In contrast, driving while legally under the influence of alcohol — a blood-alcohol level of 0.08 — results in a four-times greater chance of an accident.

A new documentary explores the dangers of texting and driving, and tells the story of how two Cache County, Utah men were killed in a accident involving texting and driving.  See the story and video at  http://www.sltrib.com/sltrib/money/56765440-79/texting-driving-shaw-dell.html.cspl

In 2009, Utah passed landmark legislation prohibiting texting and driving.  The law generally prohibits the use of handheld wireless communication device while operating a moving motor vehicle.  See Utah Code Ann.

41-6a-1716.   Prohibition on using a handheld wireless communication device while operating a moving motor vehicle -- Exceptions -- Penalties.
            (2) Except as provided in Subsection (3), a person may not use a
            (a) text message;
            (b) manually communicate through an electronic mail system;
            (c) manually enter data into a handheld wireless communication device;
            (d) send data, read text, or view images on a handheld wireless communication device; or
            (e) manipulate an application from a handheld wireless communication device.
            (3) Subsection (2) does not prohibit a person from using a handheld wireless communication device while operating a moving motor vehicle:
            (a) when making or receiving a telephone call;
            (b) when using a handheld wireless communication device for global positioning or navigation services;
            (c) during a medical emergency;
            (d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
            (e) when reporting criminal activity or requesting assistance relating to a criminal activity;
            (f) when providing roadside or medical assistance;
            (g) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment; or
            (h) to operate:
            (i) hands-free or voice operated technology; or
            (ii) a system that is physically or electronically integrated into the motor vehicle.
            (4) A person convicted of a violation of this section is guilty of a:
            (a) class C misdemeanor; or
            (b) class B misdemeanor if the person:
            (i) has also inflicted serious bodily injury upon another as a proximate result of using a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state; or
            (ii) has a prior conviction under this section, that is within three years of:
            (A) the current conviction under this section; or
            (B) the commission of the offense upon which the current conviction is based.
         Texting and driving is an increasing problem here in Utah and across the United States. 
 blog post by:  Robert Tateoka

Wednesday, August 14, 2013

Welcome to the Coulter Law Group!

          In general finding legal representation is not something many of us put on our TO DO list.  However, life has a funny way of providing us plenty of opportunities that make us wish we had some expert advice.
          If that moment arrives and you find you may need some advice, counsel or maybe just a second opinion about what is truly in your best interest then don't hesitate to reach out to an attorney.  Often times your concerns, and questions can be addressed in a free consultation.  These type of consultations can give you that much needed peace of mind, or even better a plan for what to do next.
          Here at the Coulter Law Group we strive to help our clients achieve the best outcome possible for their circumstances.  Legal problems can be overwhelming for anyone, but luckily for those with a dedicated advocate they don't have to deal with those problems alone.  If you think you might benefit from talking things over with an attorney then give us a call today.