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(a) For purposes of this article, the following words have the following meanings:
(1) Wireless telecommunication device. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term “wireless telecommunication device” does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(2) Write, send, or read a text-based communication. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.
(b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.
(c) A person who violates subsection (b) is subject to fines as follows:
(1) Twenty-five dollars ($25) for a first violation.
(2) Fifty dollars ($50) for a second violation.
(3) Seventy-five dollars ($75) for a third or subsequent violation.
(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.
(e) The following uses of wireless communication devices shall not be subject to the restrictions in this section:
(1) An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(2) An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, road, or street.
(3) An individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre-programmed with the desired coordinates. The programming of coordinates while operating a vehicle remains a violation of this section.
Cite this article: FindLaw.com - Alabama Code Title 32. Motor Vehicles and Traffic § 32-5A-350 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5a-350/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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