Ringing Hollow

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We’ve all been there. You are in your car heading home during rush hour and your cell phone rings.

What do you do?

If you answer it, at minimum you may endure a dirty look from a fellow motorist.

Chatting and driving is generally frowned upon and someone who gets caught combining the two in Waupaca County is supposed get a fine of $75, according to a countywide ordinance.

But police in the county recently said they will not enforce the law passed last year – and the first in the state – prohibiting cell phone use while driving because of public awareness concerns.

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Personal Injury attorney Thomas A. Maroney of Hansen, Shambeau, Maroney, Anderson & Parry SC in Waupaca, said that while he likes the reasoning behind the law, it is virtually unenforceable.

Waupaca borders six other counties which have no bans on cell phone usage in cars and several municipalities within the county individually decided not to enforce the law after its passage last November.

“I can certainly see where there is a concern about giving notice to motorists,” Maroney said. “But I think it’s a good ordinance in that it raises awareness about the issue.”

While police may decide not enforce the law, Maroney said it could still factor into personal injury auto accident cases.

“For example if someone is distracted by the use of a cell phone in violation of the ordinance it could be considered by fact finders as negligence in an auto accident,” Maroney said.