DEKALB COUNTY, Ga. — A Channel 2 Action News Investigation into DeKalb County's cell phone law uncovered surprising results about how the law is enforced.
DeKalb County is one of the few counties in Georgia to have a cell phone law. It's been on the books for four years, and dozens of bright green cell phone signs are posted on major roads.
The law states that drivers who cause a wreck while talking on their cell phone face prosecution and fines up to $500.
Several weeks ago Channel 2 requested information on the number of cases prosecuted, how many citations police handed out and the fines issued.
DeKalb County police told us to check with the recorder's court, the district attorney and the solicitor's office. None of them had the information we asked for.
That changed when Channel 2's Monica Pearson sat down with Public Safety Director William "Wiz" Miller. Miller obtained citation numbers from at least one agency that told Channel 2 they did not have them.
There have been only 22 cases of cell phone violations prosecuted in state court, and 105 cases in the recorder's court since 2006, said Miller. Of those cases, only five resulted in a conviction or plea in state court, and 57 resulted in convictions or pleas in recorder's court.
Miller says the numbers are right in line with what he expects. "Obviously we found some cases where a cell phone was a contributing factor, and again, in my opinion, as a lawyer that is a very high evidentiary hurdle to cross trying to determine if one device was a contributing factor to an accident," said Miller.
Laura Peyton, an advocate for tougher cell phone laws says she's concerned about enforcement of the law.
Peyton's leg was amputated after she was struck by a driver using a cell phone in DeKalb County. "To get people totally off their phones will be like getting them off crack," she told Channel 2.
Peyton also believes stiffer fines and more visible warnings will help deter people from using their phone while driving.
WSBTV
