7.763 — DISTRACTED DRIVING

Violations of "Statute 7.763" results in a Class B Misdemeanor

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(a) Definitions

"Distracted Driving" refers to the act of operating a motor vehicle while the driver’s attention is diverted from the primary task of driving. This includes manual, visual, or cognitive distractions such as using a cell phone, texting, manipulating GPS or music systems, eating, grooming, reading, interacting with passengers in a disruptive manner, or engaging in any activity not necessary to the operation of the vehicle that interferes with safe driving.

(b) Elements

To establish the offense of distracted driving, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle on a public roadway or other area governed by traffic law.

• The defendant was engaged in a distracting activity that impaired their ability to safely control the vehicle.

• The distraction contributed to, or had a reasonable potential to contribute to, unsafe operation, erratic driving behavior, or failure to comply with traffic laws.

(c) Defenses

A defendant may raise the following defenses against a charge of distracted driving:

• Emergency Response: The distraction was due to responding to a legitimate emergency requiring immediate attention (e.g., medical event, accident).

• Hands-Free Operation: The device used was operated via hands-free technology in compliance with applicable state statutes.

• No Actual Impairment: The activity, while arguably distracting, did not impair safe operation of the vehicle under the circumstances.

• Involuntary Distraction: The distraction was caused by an external, uncontrollable factor (e.g., sudden road hazard, passenger behavior).

(d) Aggravating Factors

The court may impose enhanced penalties if the distracted driving occurred under any of the following aggravating circumstances:

• The distraction resulted in a collision involving injury or property damage.

• The defendant was operating a commercial vehicle at the time of the offense.

• The distraction involved prohibited electronic device use under state law (e.g., texting while driving).

• The incident took place in a school zone, construction zone, or pedestrian-heavy area.

• The defendant has prior convictions or warnings for distracted or reckless driving behavior.