Chapel Hill council members voted 7-2 on February 20, 2012 to continue discussions regarding a cellphone ban while driving. The cellphone ban would prohibit hand-held phone calls while driving, or perhaps even hands-free phone calls. The town ordinance would be in effect for all roads within the town limits, including those that are owned by North Carolina. The ordinance would mandate a $25 fine for violations.
Supporters of the ban argue that it will help combat the dangers of driving and talking on mobile phones simultaneously. Supporters also argue that once violators encounter the $25 fine, they will be more apt to pay attention to their driving. The council will vote on the ban on March 12, 2012.
The proposed ordinance has been a controversial subject for many members of the council, as well as many members of the town and the state of North Carolina as a whole. The two dissenting council members question whether the issue should be regulated by the state instead of the town. The further question whether the town has the authority to institute the ban. The state attorney general argued last year that town does not have the authority to enact the ban. Town Attorney Ralph Karpinos, however, argues that there was no statutory or case law prohibiting the ban.
Chapel Hill's ordinance presents a state-wide issue. For one, if it is determined that the town does have the legal authority to enact the ban, other cities state wide may be more apt to adopt similar bans. The ban could further present a problem if state officials decide to follow in the town's steps and adopt a state-wide ban on mobile phone use while driving. Such bans could progress to a steeper fine or even criminal charges.
On the other hand, the ordinance could present a larger issue if it is over turned because the town did not have the proper legal authority to enact the ban. The dissenting council members argue this could do more harm than good. For example, the town would have to invalidate all of the fines that were placed on individuals, as the town would have had no legal authority to fine these individuals. Furthermore, an overturn of the city ordinance could call into question the legal authority of several other city and town ordinances state wide.
Given these implications, it is important for the public to pay attention to this proposed ban, as well as proposed legislation and ordinances in general. It is always important to be aware of the laws that may take effect and the implications they have on you and the public at large. Furthermore, it is urged that you talk to your council member or local representatives whenever these issues arise. Lastly, if you find yourself charged with a violation of similar ordinances, contact an experienced Charlotte Criminal Law Attorney who can flesh out these issues for you and advocate your best defense.
CharlotteObserver.com Cellphone ban while driving looms in Chapel Hill, 2/21/12
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