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Kenai judge tosses texting-while-driving case

A Kenai judge this month tossed a texting-while-driving case because the 2008 law prohibiting it doesn't include the word "texting," reports KTUU.

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Lawmakers say not mentioning texting in the part of the bill allowing people to talk on phones means it is an implied illegal action. ...

"Whether the 25th Legislature did, indeed, intend the statute to prohibit texting, or whether the statute has gotten the reputation because legislators and law enforcement wish this were true, is perhaps irrelevant," [Magistrate Jennifer] Wells writes. "From the court's perspective, because A.S. 28.35.161 creates misdemeanor and felony penalties, it is particularly important that the statute be clear."

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