You know you can’t, (legally), use your cell phone while driving in El Paso, (or anywhere in Texas for that matter), but what if you’re stopped at a red light? Here’s what the law says …

Say you’re at a red light in El Paso, (especially if it’s one of those that takes forever like Sunland Park and Doniphan), can you use your cell phone while you’re stopped?

Let’s see what Texas law says …

Everybody has an opinion on this one but, who is right? If you say yes, you can use your cell phone while stopped at a red light; you are asking for a ticket.

Can Drivers Use Cell Phones When Stopped At Red Lights?

A ton of people think you can use your cell phone at red lights, including an Austin police officer who told My San Antonio that it’s legal to use your cell phone when stopped anywhere, including red lights. While moving though, it’s a different story.

What Do Lawyers Think About Cell Phone Use When Stopped?

Lawyers approached by My San Antonio said it’s legal but not recommended.

Some lawyers online are erring on the side of caution of that law, warning drivers to not be on the phone at a red light altogether to avoid any risks. – mysanantonio

What Does The Law Say About Cell Phone Use When Stopped?

“Under the law, you’re considered to be ‘operating’ your vehicle whenever you’re in the driver’s seat with the engine running, even when stopped,”  Perrin Law said. “The only time you can legally send electronic messages is when you’re lawfully parked and completely out of the flow of traffic.” – mysanantonio

Basically, if you want to use your phone, you need to exit the roadway, find a legal parking spot and stop.

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When Can Drivers Use Cell Phones?

Another law firm told My San Antonio that drivers can use “wireless communication” to report crimes, fires, accidents, emergencies, debris in roadways, etc. They also said it’s ok to turn on music features and activate your GPS. Read more here.

Bottom line, it seems like it’s really be up to the cop to decide whether or not he wants to cite you so, you should probably play it safe and wait.

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