Laws on, convictions of texting drivers increase

Defendant Aaron Deveau, 18, listens to assistant district attorney Ashlee Logan while testifying at Haverhill District Court in Haverhill, Mass., Tuesday, June 5, 2012. / AP Photo

(CBS/AP) HAVERHILL, Mass. - A Massachusetts teenager was sentenced Wednesday to spend a year in jail for a fatal traffic accident that happened while he was texting.

Aaron Deveau of Haverhill was sentenced to two-and-a-half years behind bars with a year to serve and the remainder suspended for the February 2011 crash that took the life of Donald Bowley Jr., 55, of Danville, N.H., and seriously injured Bowley's girlfriend.

Prosecutors say the then-17-year-old high school student sent 193 text messages the day of the crash, including some just a minute or so before impact and dozens more after it.

The conviction represents the seriousness with which government officials are taking the problem of texting-while-driving. U.S. Transportation Secretary Ray LaHood announced Thursday an initiative to tackle the risks posed by distracted driving, while also unveiling $2.4 million in federal support for California and Delaware that will expand the Department's "Phone in One Hand, Ticket in the Other" pilot enforcement campaign.

"Distracted driving is an epidemic. While we've made progress in the past three years by raising awareness about this risky behavior, the simple fact is people are continuing to be killed and injured - and we can put an end to it," LaHood said in a press release.

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Find the laws on texting-while-driving in your state here

States across the nation are adding laws to their books that make distracted driving - talking or texting on a cell phone while behind the wheel - a jailable crime. According to the Governors Highway Safety Association, 39 states, D.C., Guam and the Virgin Islands ban text messaging for all drivers, with varying degrees of punishment, while an additional five states prohibit text messaging by novice drivers. Ten states, D.C., Guam and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.

While nearly all state laws do not restrict the use of hands-free devices, local governments are beginning to prohibit that as well. Chapel Hill, N.C., recently became the first municipality in the nation to ban all mobile phone use while driving, and Evanston, Ill., may soon follow suit. The Chapel Hill ban, however, is on hold after a towing company hauled an appeals case to court in early May and won an injunction against the city, reports AAA.

While the laws are there, ticketing, arrests and convictions remain inconsistent and infrequent. The case of Aaron Deveau is a rare example of a felony conviction involving jail time for texting and driving. In April, 23-year-old Erica Nelson of New Richland, Minn., got 10 years of probation after she pleaded guilty to texting-while-driving when she crashed into and killed 58-year-old motorcyclist Ronald Berschman of Buffalo Center, Iowa, in August 2010.

A Haverhill District Court jury convicted Deveau of motor vehicle homicide and negligent operation while texting. Family members of both Deveau and Bowley, sitting just feet from each other in court, cried and hugged as the verdict was read.

Deveau apologized to Bowley's family. He was among the first people convicted under a law that took effect in September 2010 that created the criminal charge of texting while driving negligently and causing injury. Deveau faced that charge for the injuries caused to Bowley's girlfriend.

Now 18, Deveau, who had faced a maximum of four years behind bars, also was ordered to perform 40 hours of community service and surrender his driver's license for 15 years.

Police say Deveau's car crossed the center line on a Haverhill street and crashed head-on into Bowley's vehicle. Bowley, a father of three, died 18 days later of injuries authorities say he suffered in the crash. His passenger and girlfriend, Luz Roman, had an extensive stay in the hospital recovering from her injuries.

"This has been giving me a lot of pain. There are no words to describe," Roman said outside of court Wednesday.

Bowley's sister, Donna Burleigh, said, "We hope this sends a message that it's not OK to text and drive."

Deveau testified Tuesday, saying he was not sending or receiving text messages in the moments before the collision. He said he put his phone on the passenger seat and was distracted and thinking about his homework when the crash occurred. He told police after the crash that he swerved to avoid another vehicle in front of him that suddenly hit its brakes.

His lawyer, Joseph Lussier, said prosecutors failed to prove that Deveau was texting at the time of the crash. Lussier said the number of texts Deveau sent that day was irrelevant.

[nohater]

interesting. in one case, kill someone and you get only one year in jail. in another case, kill someone and get 10 years probation. who says crime does not pay? the victims are forgotten by the justice system almost immediately. the guilty get to live their lives while the victims turn to dust. just hope you aren't the next one killed by one of these idiots leaving your family, friends, without your presence forever.

[jcnbma]

SOLUTION: REQUIRE ALL vehicles to have a device that creates an 8 foot forcefield that disables phones inside cars. The device activates while the car is running.

[ReckonedTruth]

Vehicle manslaughter was a serious offense once upon time but apparently not now ..and then AGAIN to NOT TELL THE TRUTH- he was TEXTING to authorities? For him to lie about this-meant he intenionally lied and KNEW texting was WRONG while driving. He should have received more time in jail as result of that alone for obstruction.. he needs to consider himshelf LUCKY no one else was killed..including himshelf..

[credibility2]

Texting while driving is no different than having a drunk behind the wheel. He also lied about what he was doing at the time of the accident; the timeline of his calls prove he was texting at the time of the accident, and his idiot girlfriend was just as guilty because she kept texting to him knowing full well he was driving at the time; too bad she wasn't also held accountable. This punk should've received a much stiffer sentence than one year for having killed one innocent person and seriously injured another. The punishment doesn't fit the crime and was no different than getting his wrists slapped. Our system cares more about the criminals than the victims.

[displeased2]

Agreed. The punishment does not fit the crime. Vehicular manslaughter due to negligence should be mandatory ten years, at least. Maybe that will make people think twice about driving while distracting themselves, whether it's drunk, putting on makeup, checking your mail, whatever. You would think the threat of their own safety would be enough, but apparently not.

I don't agree with the comment about the girlfriend. The point of texting is so the receiver can reply at their convenience. The responsibility should be solely on the receiver.