Arizona is one of only three states not to have a statute banning texting and driving. The legislature has introduced some variation of an anti-texting law ten times, but each time it failed. This session the Senate is considering SB 1261 a full ban of texting while driving. Essentially the proposed law would prohibit the use of “wireless communication device” to read, write or send an electronic message while operating a motor vehicle unless the vehicle is stopped. It would include affirmative defenses, such as use with hands free device, use of a navigation system or to report illegal activity. The law would impose fines of between $25 and $ 99 for a first offense and $100 to $200 for a subsequent offense.
If the use of the device while driving results in a motor vehicle related death or serious bodily injury, the driver could face a class 2 misdemeanor, which carries a potential 4 months in a county jail