SPANISH FORT, Ala.—The dangers posed by texting while driving are easy to prove, but crafting an enforceable ordinance with any teeth without unduly infringing on personal freedoms of residents has proven trickier than City Council members anticipated.

At issue is how to delicately word the ordinance so as to discourage the unsafe behavior without creating any loopholes through which distracted driving of any sort would inadvertently be allowed.

Police Chief David Edgar said the difficulty arises in the enforcement of offenses that, at this time, would be considered secondary violations, meaning offenders could be cited for breaking the wireless device law but only in the commission of a more serious primary offense.

Edgar likened the issue to the initial passage of Alabama’s mandatory seatbelt law that made driving without safety restraints a secondary violation that could only be assessed if a primary violation such as speeding, running a stop sign, weaving or executing an improper lane change occurred. The offense has since been upgraded.

Should the city adopt an ordinance governing the use of wireless devices while driving, Edgar said officer’s would be allowed to use their discretion determining whether “reasonable suspicion” – meaning the observed or reported commission of a primary offense – exists to pull a motorist over and in determining if “probable cause” exists to issue a citation. If the citation is issued, it is then up to the discretion of the presiding judge to determine if guilt is proven beyond a reasonable doubt.

“It’s an awful lot of verbiage to say don’t text and drive,” District 1 Councilman Dennis Dismuke observed during Monday’s informal work session.

No time table exists for adopting an ordinance, but Mayor Joe Bonner said he would like Edgar to produce samples of language adopted by other comparable municipalities, so that a decision can be as quickly as possible.