State lawmakers taking aim at using cell phones, texting while driving

By Cy Ryan

Thursday, July 15, 2010 | 2:05 a.m.

CARSON CITY — Bills on cell phones, drunk driving and seat belts are already being drafted for introduction in the 2011 Legislature.

Of the 178 bills requested for draft, at least five take aim at drivers.

Assemblyman Harvey Munford of Las Vegas says he wants to put on the table a bill to prohibit motorists from using a cell phone while driving.

Assemblywoman Sheila Leslie of Reno intends to expand a law that requires interlock devices in the cars of persons convicted of drunk driving.

Sen. Dennis Nolan of Las Vegas has requested a bill to make failure to wear a seat belt a primary offense.

And there are two requests for bills to prohibit texting while driving.

Munford said he was prompted to ask for the bill restricting cell phone use after a large family came to his home. One member had been seriously injured in a crash by a driver who was believed to be talking on the cell phone.

Munford said he hasn’t determined whether to propose using a cell phone while driving as a primary or secondary offense.

A primary offense allows a police officer to stop a motorist if he sees the driver talking on the phone. A secondary offense would permit the officer to issue a citation if the stop was made for another reason and the motorist had been using the cell phone.

There are no statewide statistics available to determine how many accidents are caused by drivers talking on cell phones.

In 2009, Nolan introduced two bills to prohibit text messaging while driving. Both passed the Senate but died in the Assembly.

Now, two bills have again been requested to stop motorists from texting.

One request comes from Sen. Shirley Breeden, D-Henderson, and the other is being sought by Assembly members Kelvin Atkinson, Marilyn Kirkpatrick and John Oceguera, all of Las Vegas Democrats, and Debbie Smith, a Democrat from Sparks.

Leslie, meanwhile, is introducing a bill that would require some people convicted of drunken driving to have a device installed on their car that the driver has to blow into before starting the engine. If the device detects alcohol, it won’t allow the car to start.

Leslie said she doesn’t know whether the bill will require all person convicted of DUI to use the device.

There’s a law on the books already that requires some more serious DUI offenders to use the device, which costs $65 to $110 a month.

Under new legislation, Leslie said, the device might be required if a first-time offender had a blood-alcohol level above a certain level.

“This is not a panacea,” Leslie said of her proposal. “But it will hold people accountable.”

On another issue, Nolan intends to make it a primary offense not to wear a seat belt. He could not be reached for comment.

In the latest survey by the state Office of Traffic Safety, 90 percent of people in the front seat of autos were buckled up. That survey was released in September, and the count was done during the day. It did not include those in the back seat.