Attorney questions Rapid City's texting ban ordinance - KOTA Territory News

Attorney questions Rapid City's texting ban ordinance

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The Rapid City Legal and Finance committee approved the second reading of an ordinance that would make texting behind the wheel a primary offense. That means if an officer believes someone is texting while driving they could be pulled over.

Robbie Rohl, attorney at DeMersseman Jensen Telinghuisen & Huffman, LLP, says this gives police another reason to stop motorists and it violates citizens' rights. He spoke before the committee Wednesday.

"I urge you to consider the way this ordinance is actually written and just to make sure that you understand what we're giving up rights wise," said Rohl.   

Rohl says the ordinance originates with law enforcement.

"Its written in a way that allows law enforcement unfettered access to a motor vehicle," said Rohl.   

Police officers say they have a comprehensive plan for enforcement, and they are looking to educate drivers and give warnings rather than giving out citations right away.

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