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A new word is being coined. The word is “textalyzer.” ABC News reported that in New York there is a proposed state law that would allow police to use a device called a “textalyzer” to reveal whether a driver was texting at the time of a crash. Should the bill become law in New York, the police responding to a crash would have the power to ask the drivers to turn over their cell phones. The police would then connect the cell phones to a “textalyzer.” Should drivers refuse, they may lose their drivers’ licenses. 

If passed, this legislation would be the first-of-its-kind in the United States with the term “textalyzer” taken from the word “breathalyzer” a well-known test for BAC (blood alcohol consumption) levels. As the Fourth Amendment guarantees a right to privacy, the bill would require the textalyzer to keep conversations, contacts, numbers, photos, and application data private. The results of the textalyzer would only report whether the cell phone was being used prior to a vehicle crash. If hands-free technology was used, there may need to be further analysis required which may require a warrant to confirm an original finding. 

Every day in the United States eight people die and more than 1,161 are injured because of driving while distracted, according to the Centers for Disease Control and Prevention (CDC). These figures equate to nearly 20 percent of all accidents caused by distracted driving. 

Distraction.gov reports that at any given moment approximately 660,000 drivers in the U.S. are using cell phones or manipulating electronic devices while driving. The act of texting is an alarming distraction because it requires visual, manual and cognitive attention which is taken away from the act of driving. 

Following intensive lobbying from Distracted Operators Risk Casualties (DORCs), the legislation was prompted because a co-founder of DORC, Ben Lieberman’s, son was killed in 2011 by a distracted driver. The proposed law has been dubbed “Evan’s Law” in memory of the 19-year-old. 

"When people were held accountable for drunk driving, that's when positive change occurred," Lieberman said in a press release. "It's time to recognize that distracted driving is a similar impairment, and should be dealt with in a similar fashion. This is a way to address people who are causing damage." 

What is a textalyzer?

The Washington Post reports that the textalyzer is a roadside device which was introduced by Cellebrite, an Israeli technology company specializing in data extraction. This particular device, according to the company, is a scaled-back device of a more intensive phone-scraping technology, and does not give access to personal conversations or apps. Cellebrite says the textalyzer only determines whether the phone was in use at the time of the accident.

Are there privacy concerns?

As the U.S. Supreme Court decided in 2014 that police need a warrant to search cell phones, some feel doubtful that “Evan’s Law” is constitutional because it, in effect, requires drivers to hand over their cell phones to the police in a roadside situation without a warrant, according to Marc Rotenberg who is the president of Electronic Privacy Information Center.

Many feel there is a question as to whether such a device as a textalyzer is necessary as cell phone carriers are already storing logs of all text messages and phone calls. These carriers are already being routinely subpoenaed to get records which would show whether texting was being done when a crash occurs.

“When driving, drivers need to have full attention on what they are doing at all times. Cell phone calls, texting, and all other distractions should be eliminated,” said Fort Myers Vehicle Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. “If you or a loved one has been involved in an accident with a distracted driver, contact our experienced team immediately.”

Fort Myers Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.