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Hands-Free Driving In San Marcos Is Ok

Published: January 19, 2016 • Updated: January 19, 2016 • LGR Law

Just recently, the city of San Marcos, Texas, passed an ordnance making it mandatory for drivers using a mobile device to use hands-free technology. While this new law has raised a few eyebrows from those who oppose any form of distracted driving, the law is only applicable when the car is moving. Any driver with a yen to text or talk may do so at a stop sign or red light.

How that equates to safer driving is baffling, as numerous studies have clearly indicated that texting, surfing, webbing, going on Facebook, Twitter or Pinterest are all driver distractions that may cause a collision.

The ordnance allows drivers to use other hands-free devices, Bluetooth, earphones and even the GPS system while standing still, while banning any use or holding of the phone while the vehicle is in motion. Law enforcement feels this law may be easier to enforce. The question is likely to become what does a driver do when they need to move forward at a red light or move on after stopping at a stop sign.

Although the stated goal of the new ordnance is to prevent crashes, one wonders how that is possible given all the research to the effect that handheld or hands-free technology is still cited as being responsible for a high number of deaths. Using handheld or hands-free technology is still driving while distracted.

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About The Author Kenneth "Tray" Gober III, J.D., is the Managing Partner of Lee, Gober & Reyna, PLLC in Austin, Texas. A 2005 magna cum laude graduate of Texas A&M University and an honors graduate of Baylor Law School, Tray is admitted to the State Bars of Texas (Bar No. 300408), Colorado, and Pennsylvania, and to the Bar of the United States Supreme Court. He represents personal injury clients across Texas in car accidents, truck accidents, autonomous vehicle claims, wrongful death, drunk driving collisions, premises liability, and product liability matters. He is one of Texas's most frequently quoted legal voices on the law surrounding autonomous vehicles and AI-driven transportation. Tray also serves as an adjunct professor of Paralegal Studies at the University of Texas School of Law.