Cops can subpoena cell records in texting crashes

SPRINGFIELD, Mass. (WWLP) - It's against the law but drivers continue to text behind the wheel.

Police say is can be hard to figure out if a driver's texting or simply dialing a number.

Springfield Police Sgt. John Delaney told 22News, “It's very tough if you pull someone over they're going to say they were dialing a number." 

It's a dilemma facing law enforcement as they try to crack down on the dangerous practice.

Texting and surfing the web are against the law, but adults can still make calls, which requires dialing.

However, those trying to lie can't dodge their cell phone records.

Those records are subpoenaed every time there's a deadly accident and in the case of many serious crashes and can prove you sent a text at the same time as the crash.

Sabrina McClain of Springfield said, “It would definitely deter me, I'm already deterred because I have a young son and he's always with me so it's very important to be in safe in the car." 

Sgt. Delany explained there just isn’t enough time or money to get a warrant for those records after every incident.

He said, "Not every accident, there are accidents every day, it's raining outside and there are dozens of accidents in the city, we can't subpoena for every one of them but if there's serious injury we will do that." 

In Springfield, police have issued almost 30 citations since the beginning of the year for texting while driving.

Each of those drivers either pleaded guilty or was found guilty.