Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.
Posted by Stone River’s Criminal Defense Team
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Can I be charged with texting while driving on private property?
What Does Utah’s Distracted Driving Law Cover?
According to Utah law, texting or using a handheld device while driving is illegal on any “highway.” But the term “highway” is defined more broadly than you might expect. Under Utah Code, a highway refers to “any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use.” In other words, this law applies to almost all public roads or structures designed for traffic.
What About Private Property?
Utah’s statutory definition of a “highway” does not typically include private roads, driveways, or parking lots. Therefore, you likely won’t be charged with texting while driving if you’re on private property, like a parking lot or your own driveway. However, that doesn’t make it a safe or responsible choice. Distracted driving can lead to accidents, even on private roads, where pedestrians, other vehicles, or unexpected obstacles may be present.
Should You Text and Drive on Private Property?
Although texting while driving on private property may not result in a criminal charge, it’s still risky. Accidents can happen anywhere, and driving requires your full attention at all times, regardless of where you are. The best practice is to avoid distractions altogether, whether you’re on a public road or private property.