Traffic ticket calls law into question

INDIANAPOLIS (WISH) - Has technology made an Indiana traffic law obsolete? It's a crucial question raised by an incident in northern Indiana. That's because, by law, you can't drive in Indiana and watch television. So if you put your electronic device where you can see it, is it a violation? That's where it starts getting hazy. And the answer could cost you plenty.

It was a close call with a bad driver that made Michael Spangler first turn to police.

"They said I didn't give them a full license plate number, so they couldn't do anything about it," Spangler said. So he bought an app and a windshield mount for his iPod touch and began videotaping the road while he was driving. But in Warsaw, a local officer gave him a ticket, telling him, "If it can play videos, you can get a ticket for it," Spangler said.

The Indiana law the officer cited states that you can't drive a motor vehicle "that has a television set installed so that the screen of the television set can be seen by a person sitting in the driver's seat."

"So it actually has to be a television set, before it’s a violation of the law," said Sgt. Rich Myers of the Indiana State Police. "Only a television set is in violation of Indiana law. So GPS or a visual screen that's in the middle of a car is not a violation of that law."

If it were a violation, it would be a Class C infraction. And the maximum fine could cost you $500, plus court costs.

"I'm upset,” Spangler said. “I don't have this kind of money to pay for a ticket like this."

And Myers said Spangler shouldn't have to pay, because his portable electronic device is not a television set. But the question points out the need for clarification from Indiana lawmakers.

"I'm sure they are going to look at it as the technology improves and more people are getting this in their vehicles. I'm sure it's going to be looked at in the future," Myers said.

Safety is an issue, he said, noting that looking at your electronic device while driving can cause you to swerve or drift in and out of your lane, and that is a traffic violation.

As for Spangler, the prosecutor plans to throw out the ticket.