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Ban on hand-held driver phones fails after heated debate

Rep. Mike Huval pulled a phone out of a Dollar General bag during one debate on his bill to ban hand-held phones while driving. (Photo credit: Allison Kadlubar/LSU Manship School News Service)

By Allison Kadlubar
LSU Manship School News Service

BATON ROUGE—Lawmakers on Tuesday narrowly rejected a bill to ban hand-held driver
phones after a handful of amendments, debates and product demonstrations.

The bill would have allowed law enforcement to ticket anyone caught with a cell phone in hand
while driving.

“This bill is a wireless cell phone hands-free bill,” the author of the bill, Rep. Mike Huval, R-
Breaux Bridge, said. “It does not keep you from using a cell phone when you’re driving. It just
requires you to do it in a safe manner.”

The bill failed to pass in the House by a close margin of 48-46. But prior to the vote, lawmakers
discussed the bill in intense debates.

Lawmakers adopted eight amendments to alter the bill since it was first proposed in the House
Committee on Transportation, Highways and Public Works on March 14.

Amendments increased maximum fines from $100 to $300 as well as community service from
15 hours to 90 hours.

The amended bill also would have prohibited officers from arresting an individual who was
caught with a phone in hand while driving even if the officer observed illegal activities or items
in the car.

Rep. Chad Brown, D-Plaquemine, argued that the ban might still prompt an officer to abuse his

“I’m going to submit to you that, if he walks up to the vehicle and visibly observes an open
container in the console, they’re going to find a reason to detain you and get a search warrant,”
Brown said.

Huval said the bill would not allow an officer to do so.

Brown also questioned how law enforcement officers would be able to accurately spot someone
driving with a phone in hand.

He held up an item while standing several feet away from Huval and asked him if an officer
could fine him if he was driving. Huval said yes, but Brown then revealed it was a phone

“That’s my point,” Brown said. “If an officer sees this, he thinks it’s a cell phone, but it’s a phone

This was not the only demonstration.

When lawmakers debated the bill in March, Rep. Robby Carter, R-Amite, argued that the bill
discriminated against people who can only afford “pay-as-you-go” phones without voice-
command features.

“It will not be possible to operate a cell phone in a car that doesn’t have Bluetooth,” Carter said
during that debate.

Huval picked up a Dollar General bag with a phone inside.

“This phone costs $49, but I found out I can go to Walmart and get it for $19,” Huval said. “I
drive a car that is 50 years old, and…all it has is AM radio. You know what, I can drive my car
with this hands-free.”

The bill failed even though the House passed a similar bill in the 2021 session. A motion to
reconsider the bill is pending.

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