WICHITA, Kansas – Police in cities across Kansas, as well as here in Wichita, are wrestling with the state’s new texting law, saying it’s a great idea, but will be very difficult to enforce.
Tuesday, Wichita’s City Council took the first step toward enforcing the new texting while driving ban in the state’s largest city. But all over Kansas, police departments are scratching their heads over what to do with the new law, complaining it’s filled with exceptions and nearly impossible to enforce.
It’s among the most dangerous distractions drivers can have. Countless accidents across the country and here in Kansas led lawmakers in Topeka to pass a texting ban. Now police departments are struggling with how to actually enforce it.
”It's going to be tough,” said Sgt. Brandon Stewart with the Andover Police Department. “I see a few handed out, but not that many.”
But one of the biggest problems police face with the law is proving someone was actually typing a text message instead of dialing a phone number, which is still legal under Kansas law.
“The biggest problem is you're going to have to see it,” said Lt. Jimmy Queen with the Derby Police Department. “You're going to have to see that they put in more than the 10 digits and they're not talking on the phone. And other than that there's not a lot you can do.”
Along with allowing typing in phone numbers, to further complicate enforcement, the law makes exceptions for reading texts involving emergencies or weather and traffic alerts. Defense attorney Tim Scimeca feels the law is a good idea, but says any law that allows some use of phones in cars while banning other actions is intrinsically going to be hard to enforce.
“It's a good concept and I think it's something we need to refine,” he said. “And I realize it’s difficult to keep up with the technology, but at least it is a start.”
As it stands, some departments in Kansas are enforcing the new law. Others, like Maize and Wichita, will wait until their city councils adopt local ordinances. Until then, they’re hoping drivers will realize texting behind the wheel isn’t worth it whether they get a ticket or not.
Wichita police plan to meet with several agencies next month in Kansas City to compare notes with other departments, hoping to get some tips and pointers on what works best in enforcing the new texting ban.
