2.1.8

Emergency Vehicles: If ever there is an example of being reckless, it is when a driver fails to pull over and stop to allow an emergency vehicle responding to a call (displaying lights and possible siren) to pass by and proceed to the emergency. Just as bad is waiting until the last minute to pull over so you can eek out as much time and space as you can before you have to “delay” your travel for the emergency responders. Any vehicle showing flashing lights is typically on its way to assist someone who needs some kind of help. The longer you wait to pull over, the closer the emergency vehicle gets to you. Now you are forcing emergency responders to make a guess as to what you plan to do. Please don’t make them guess; they have enough to worry about and prepare for as they proceed to their call. When it comes to emergency response, seconds gained or lost can literally mean the difference between life and death for a helpless victim.

And remember, once the emergency vehicle passes you, NEVER take an attitude where you feel you can make up your “lost time” by following the vehicle. It is against the law to follow an emergency vehicle that is en route to a call. Consider this as well: Most often, ambulances, fire apparatus, and other emergency vehicles are big enough where you cannot see around or ahead of them, so you are, in effect, driving blindly when you follow them. If these types of vehicles make an unexpected quick stop because of traffic or another reckless driver, you may get no warning. Now, a crash, of course, puts you and the emergency responders at risk. It also ends their response to the emergency. Always allow at least 500 feet between you and a vehicle with flashing lights that is obviously responding to an emergency.

One additional point that you may not consider, especially if you do not yet have a lot of driving experience: Usually if one emergency vehicle is answering a call, others are close by and may follow. After you pull over for an emergency responder and then resume your trip, use extreme caution for a while knowing that you may have to pull over or stop at some intersection for additional emergency vehicles. And in a similar vein, remember Alabama’s “Move Over” law. This deals with more than just emergency vehicles and was enacted to protect emergency responders and others who are assisting stranded drivers or are working along the side of the road.

Tailgating: In some of the previous examples, we had to explain why there is certain behavior that could be considered reckless. With regard to this topic – tailgating – that word should be all you need to hear. The word itself describes a practice that is reckless and extremely dangerous. You know by now about stopping distances and reaction times. In many cases, you need about .5 to 1.25 seconds just to get your foot to the brake pedal after noticing a hazard or that traffic has stopped ahead of you, and that’s just your reaction time. So, you haven’t even begun to slow your vehicle down. How do you think things will go when you are following someone at 60 mph and there’s only one car length (or less) between you and them? If there were ever a recipe for disaster, this is it. Never tailgate someone to get them to speed up or move over for you.

Better yet – NEVER TAILGATE.

Have you ever heard of the “two second rule”? We hope you have because it is explained in your Alabama Driver’s Manual. If you are following a vehicle and are not in a busy area, take note of when that vehicle passes some landmark such as a light pole or a mailbox. If you count out two seconds – one, one thousand, two one thousand – you should not reach that same landmark before you finish counting. If you do, you are following the other vehicle too closely. Consider some of the numbers you’ll find on the charts on pages 36 and 37 of your Alabama Driver’s Manual:

At 30 mph, a vehicle will travel 44.4 feet in one second. That means you should be almost 90 feet (88.8) behind a lead vehicle to satisfy the “two second” rule.

At 50 mph, you’ll travel 73.3 feet and will need 146.6 feet to satisfy the “two second” rule.

So, if you are tailgating someone and you are doing 60 mph one car length behind them, what can you expect if they must make a hard stop? Maybe they see traffic at a dead stop up ahead. Maybe an animal, or worse, a child, runs out in front of them. These are conditions for a very serious rear end crash where you and your passengers, the lead vehicle and its occupants, and anyone who happens to be in front of or around your vehicles could sustain serious injuries or worse.

Can you think of a good reason to tailgate someone? If so, is it possible that you are susceptible to exhibiting reckless behavior and driving? Getting stuck behind a very slow driver can be frustrating, but driving just behind their bumper is not the way to get them to speed up. The same is true for following close to another vehicle doing 85 mph on the highway and thinking you’ll get to your destination in no time. Anything can happen up ahead of that lead vehicle and you will simply not have time to react if they suddenly lower their speed or have to make a hard stop.

At 65 mph, you need more than the length of a football field to stop completely and safely. That’s about 71 feet just to get your foot to the brake pedal and 234.7 feet to actually stop your vehicle. And 65 mph is well below the 85 mph we mentioned earlier. Do you think you’ll stop in time or even be able to make an evasive move doing 85? The chances are very slim that you will. Even at 25 mph – a speed many people by today’s standards consider crawling – you need 61.7 feet to stop. If a child in a school zone steps out in front of you or a loose dog or a deer run right out in front of you, you are more likely to come into contact with them than to stop safely.

Following someone too closely is NOT the way to make them speed up. And your feelings of invincibility may disappear in the moment before you rear end a vehicle in front of you.

Distractions: Are you wondering how distractions can be lumped in with recklessness? If you think about it, many if not most distractions can be avoided by the operator of a motor vehicle – YOU. In 2022, there were 988 motor vehicle fatalities in Alabama, 67 of which were due to distracted driving (https://drivesafealabama.org/uploads/files/ALDOT-CrashFacts2022.pdf). Now, you may think, “ 67 isn’t bad compared to 988.”

But quite honestly, ONE traffic fatality for ANY reason is too much.

Remember the effect that a fatality can have on the family, friends, and work/class mates of the victim. Remember the costs in health care and insurance as well as the injury to others involved in the crash who were lucky enough to survive.

Once you get behind the wheel of a vehicle, your number one priority is to remain focused on the road and on your driving – remember, not necessarily laser focused to the point where you develop tunnel vision, but focused enough where you are fully aware of what is happening immediately to your front, up ahead to the length of about a city block, and off to your sides (don’t forget the occasional check in the rear view mirror).

In today’s busy and technology-oriented world, there are simply far too many distractions. Falling prey to any of them while you are driving can cause serious problems. And, once again, how does this fit into the category of recklessness? Most distractions lead to conscious decisions you make to let your guard down and become all too inattentive for someone operating a motor vehicle. Think about the many ways that you can lose your focus and direct your attention away from your driving:

We’ve covered smart phones and texting while driving. Hopefully there’s no need to revisit that.

Hands free phone technology. While it seems like a safe alternative, a good part of your focus may be on your phone conversation and not on the road. Even worse, if you enter a poor cell reception area, you may strain to hear the conversation losing even more focus on your driving.

You speed up to get closer to a vehicle ahead of you so you can read what appears to be a humorous bumper sticker.

You look off to your side because you think you see a friend off in the distance.

You are intent on tuning in the right radio station before the big game starts. The same for entering a route into GPS. Fortunately, you cannot do things like this in newer vehicles if they are moving.

You have always been taught that it’s polite to make eye contact with people when you speak to them. So do you do this with your passengers? When you are operating a vehicle, you may have to disregard certain social manners.

You’re not really in the mood to drive right now, so having a harmless day dream will take your mind off of the boredom of your trip.

While you may not be texting, your friend in the front passenger seat wants to share with you a great one that they just received. They ask you to “Just have a quick look.”

You dropped a french fry on the floor and need to pick it up right away. Or maybe you spilled a drink.

You need to read some directions from a slip of paper on which you wrote them down earlier.

You’re in a great mood for whatever reason, and your favorite song just came on the radio. You want to enjoy every word of it, so you listen and sing along.

You decide to do some “rubbernecking” as you pass the scene of a crash or even just a traffic stop.

You want to make sure that your hair or makeup still looks good, so you check yourself out in the rear view mirror – while doing 65 mph on the highway.

How many more similar examples of distractions could you add to this list? We don’t think it would be too difficult to add quite a few. So, the point of all of this is simple: There are very few legitimate reasons to knowingly move your focus from your driving to something else. Taking your eyes and your attention off the road even if “for only a second” or “where you’ll be sure to be extra careful” is reckless. Don’t fall into that trap.

I have a type?

We certainly hope you don’t! Most poor drivers – those who exhibit reckless behavior when behind the wheel – fall into one of a few types. Do any of these sound familiar to you? Is any of these driver types YOU?

Show Off: This is a driver whose confidence, or more exactly, over confidence causes him or her to take risks that put everyone in some level of danger. This is the driver who might pass in a no passing zone of if there is just enough time and space to execute that pass. This is the driver who will push the limit to see just how high they can get that speedometer to read. Or maybe they will attempt to squeeze through a space with barely enough room to spare. If you know a driver like this, don’t be impressed at their behavior. Over confidence is cockiness, and cockiness when you are behind the wheel is outright reckless and dangerous.

Rationalizer: To this driver, there’s always a good reason for the reckless move they make. It’s midnight, and no one is around. I’ll just go through this stop sign (notice the driver may not say words like “run” that definitely make the act sound wrong). “We’re late, I need to speed up. Don’t worry, I’ll pay more attention.” Or another outright reckless move: “I’ve got to ride this guy’s tail. If I don’t he’ll never speed up.” And how about, “ I know we’re on the highway, but if I slow down to about fifty, it’ll be safe to send this text.” You should know the difference between safe driving and driving recklessly. Don’t be afraid to speak up if you feel the driver of a vehicle is endangering your safety. There is no rational reason for their doing something like that.

Egoist: “I am a great driver, so I don’t need to worry about other drivers. My time is more important than everyone else’s, so I need to be first whatever the circumstances. I will never lose control of my vehicle. I can take risks because I am a skilled driver.” I….I….I…me…me….me. If you have ever taken any kind of defensive driving course, then you know the importance of reading other drivers and not just being focused on “me, myself, and I.” Ignoring the actions of other drivers can lead to your being at a greater risk if you encounter someone who loses control of their vehicle or simply wants to bend a couple of traffic laws.

If you feel that you belong in one of these categories, do your best to get out as soon as you can! There’s no prestige in being a member of one of these “clubs.” These types of drivers – the showoff, the rationalizer, and the egoist – are prone to reckless behavior and risk taking (unnecessary risks!).

Alabama Section 32-5-192 – Implied consent; when tests administered; suspension of license or permit to drive, etc., for refusal to submit to test

(a)(1) Any person who operates a motor vehicle on the public highways of this state shall be deemed to have given consent, subject to this division, to a chemical test or tests of his or her blood, breath, or oral fluid for the purpose of determining the content of any impairing substance or substances within a person’s system, if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state in violation of Section 32-5A-191.

(2) The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was in violation of Section 32-5A-191, while driving a motor vehicle on the public highways of this state.

(3) The law enforcement agency that employs the officer shall designate which test or tests shall be administered. The person shall be told that his or her failure to submit to a chemical test or tests will result in the suspension of his or her privilege to operate a motor vehicle for a minimum of 90 days. If the person objects to a blood test, the law enforcement agency shall designate that one of the other tests be administered.

(b) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (a) and the test or tests may be administered, subject to this division.

(c)(1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test or tests designated by the law enforcement agency as provided in subsection (a), none shall be given, unless a court order has been obtained ordering the person to submit to a chemical test or tests.

(2) The Secretary of the Alabama State Law Enforcement Agency, upon the receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state in violation of Section 32-5A-191 and that the person refused to submit to the test upon the request of the law enforcement officer, shall suspend his or her driving privilege as defined in Section 32-5-191 as provided in Section 32-5A-304.

(3) If the person is acquitted of violating Section 32-5A-191, the secretary, in his or her discretion, may reduce the period of suspension.

(d)(1) Upon suspending the driving privilege, the secretary or his or her duly authorized agent shall immediately notify the person in writing of the suspension and upon a request filed by the person, the secretary shall provide a hearing in the same manner as provided in Section 32-5A-307; except, that the scope of the hearing for the purposes of this section shall determine all of the following:

a. Whether a law enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle upon the public highways of this state in violation of Section 32-5A-191.

b. Whether the person was placed under arrest.

c. Whether he or she refused to submit to the test upon request of the officer.

(2) Whether the person was informed that the privilege to drive would be suspended or denied if he or she refused to submit to the test shall not be an issue.

(3) The secretary shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained.

(e) If the suspension or determination that there should be a denial of issuance is sustained by the secretary or his or her authorized agent upon the hearing, the person whose driving privilege has been suspended shall have the right to file a petition in the appropriate court to review the final order of suspension or denial by the secretary, or his or her duly authorized agent, in the same manner as provided in Section 32-5A-307.

(f) Upon a determination that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, the secretary shall provide, in writing, the action taken by this state to the motor vehicle administrator of the state of the person’s residence and to any state in which he or she has a license.

Ala. Code § 32-5-192 (1975)

Amended by Act 2021-498,§ 2, eff. 8/1/2021.Amended by Act 2021-387,§ 1, eff. 8/1/2021.Acts 1969, No. 699, p. 1255, §1; Acts 1983, No. 83-620, p. 959, §1

What you have just read is a very complex statute that outlines the specifications of Alabama’s Implied Consent Law. While there may be minor differences in the laws from state to state, every state in the nation has this law. In case you were confused when trying to read all of the “legalese,” we will simplify things a bit for you:

When you accepted your driver’s license – which affords you the privilege, and not the right to drive – you agreed to submit to testing for Blood Alcohol Concentration or for traces of any substance that might impair your ability to drive. If you refuse to submit to such testing when directed by law enforcement, you open yourself up to all associated fines and penalties. You’ll read about the various tests that you might be directed to undergo a bit later in the course. For now, understand that you have agreed to be tested when directed by a police officer or other representative of law enforcement. While you did not come right out and declare your agreement, signing for and accepting your driver’s license indicates that you “implied” that you will agree to testing as directed by law enforcement.

We want to be sure you fully understand this law as we move on from Reckless Driving and begin our study of the various substances that can affect your driving and your health. We’ll start with alcohol. But first, a quiz.