Mobile Forensics to Aid in Texting While Driving Cases
Note: This was featured as part of our Wednesday segment on Charleston’s 105.5 The Bridge with Box in the Morning. You can catch us every Wednesday morning at 8:50 am ET for the latest law tips and legal news. You can listen to the segment below:
While everyone knows the dangers of texting while driving, according to a survey by the National Highway Traffic Safety Administration, 660,000 people are texting or using electronic devices on the roadways in the U.S. at any given daylight moment. This is certainly cause for concern. Distracted Driving points out that an intexticated driver is more dangerous than an intoxicated driver with a blood alcohol level of .08 – a driver who is texting has a slower brake response time compared to those that were under the influence.
For an intexticated driver, there are three levels of distraction that cause the driver to be a threat while on the roadways.
- Manual – the driver is distracted because they are using their hands for something other than driving.
- Visual – the driver is not looking at the road in front of them, but looking at the device in their hand.
- Cognitive – the driver isn’t focused on driving, but more focused on the message they are sending out.
With the rise of texting while driving, there is also a rise in the use of mobile forensics, which is being utilized to help aid in auto accidents where texting is suspected to be the culprit of the crash. A lawyer is now able to request a subpoena through an ex parte order to gain access to the mobile device. A mobile forensics examiner will then be able to assist in the case by pinpointing the exact time and location of the accident and matching this with the accused driver’s mobile data.
While we all love the convenience of our devices, remember your own mobile device can help to build a case against you by saving that timeline of events, which can be used as evidence in a court of law. Your best bet is to play it safe, and put the phone down while behind the wheel. Help us make South Carolina a text free state. Drive safely.
Reach John Price by text (not while driving) at 843.345.0010 or contact the office at 843.552.6011