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| Texting - Text Messaging When DrivingMichigan joined fourteen states (and Washington D.C.) by making cell phone texting and emailing while driving against the law, effective July 1, 2010. The law prohibits a motor vehicle driver from reading, typing, or sending a text message or email on a "wireless 2-way communication device," including a cell phone, in a driver's hand or lap while driving a car (or motor vehicle). The actual law is surprisingly readable: a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person's hand or in the person's lap, including a wireless telephone used in cellular telephone service or personal communication service, while operating a motor vehicle that is moving on a highway or street in this state. As used in this subsection, a wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle. There are of course the usual exceptions that allow you to report an accident, prevent a theft, protect your safety, and police and firemen are excluded. There are no driver's license points assessed nor bad driver fees charged against the driver who commits the infraction. Unlike California and
elsewhere, Michigan law still allows you to dial and talk on your cell phone
while driving -- no headset is required. GPS and in-car navigation systems are not included in the text ban.
Passengers are not covered by the ban on text messaging and emailing, but...they could get the driver in trouble by asking him to read a text message.
A first offense nets you a $100 fine, a second offense is $200. Texting Law is a Primary OffenseThe law makes this infraction a "primary offense," which means the police can stop your car based only on a reasonable suspicion that you are texting, just like they can for a seatbelt violation. You do NOT Have to Show the Police Your Phone and Be Careful What You Say!Because the new law is a civil infraction, the police can only ASK your for consent to examine your phone. This is just like them asking for search your car or home. If you do not consent, the officer cannot seize your phone and examine it by force, nor can he confiscate it as evidence (regardless of what the officer may say or imply). If the officer ignores your refusal and just grabs the phone away from you, an attorney can ask that the court to suppress the phone evidence and dismiss your case. Most drivers don't know any better or will be scared into handing over their phone. If they were in fact texting, emailing, or reading an email, they will get a ticket. Those who don't consent, don't hand over their phone, and don't answer incriminating questions will probably not get a ticket. Likewise, if your phone is locked and you do not give up the access code, there will be no evidence that can be used to convict you. Many drivers confess under the mistaken belief that this will make it easier for them, when in fact it has the exact opposite effect: those who confess get charged and those who keep their mouths shut often do not. The only questions you must answer is your name, address, hand over your license and car paperwork. That's it! All other questions can be politely declined without your attorney present. This is still America and you still have the right to not incriminate yourself. Also, be aware of what data and pictures are on your phone. If you hand over your phone to a traffic cop, he may well stumble upon data or pictures you may prefer not to share. With reports of sexing and mega gig phones that can hold many gigs of information, you would be wise to have your phone clean of incriminating evidence at all times. The Police Cannot Get a Search Warrant for your Phone.
However, once you are stopped, the police can try to ask you incriminating questions: "have you been drinking tonight," or "why does it smell like marijuana in here.?" Remember that you can decline to answer any questions and you can refuse a search of your car or person. Lingering Questions.The law does not distinguish between a vehicle that is moving or one stopped at a traffic signal: in either example you can be issued a ticket. The anti-texting law also does not prohibit a driver from looking up information on the Internet or from seeking driving directions or the local pizza place's phone number. These activities are not included in the anti-texting law, although they seem to be just as distracting as texting while driving -- perhaps more so. How can a police officer tell the difference between a driver dialing a phone number and text messaging? ESP? I suppose, anyone under the age of 30 will be is a candidate for this type of texting stop. How will the officer be able to examine your brand of phone and know how to check for emails or recent text messages? He cannot lawfully seize your phone as evidence for a court hearing. What if the phone is locked and the driver refuses to unlock it? The officer cannot force you to unlock it nor can he seize it. No doubt, the majority of tickets will come from the uninformed who readily confess. Anything that distracts you while driving should be avoided. Young people should avoid using cell phones while driving, at least until they have sufficient experience driving in order to be able to do both safely. As the number of distracted drivers involved in car accidents increases each year, the laws will continue to get tougher. If you are talking on a cell phone, run a red light, and hurt someone, you could be charged with a crime such as reckless driving. One unfortunate young person drove through a red light while talking on a cell phone an several people died. She was convicted of negligent homicide. Her crime: allowing the phone to distract her. She would most likely not have been charged but for the cell phone. Contact us for help! If you are charged with any type of crime do yourself and your future a GREAT favor and talk with an attorney before going to court. Never plead guilty without talking with a lawyer. Although there are a few cases where an attorney cannot do very much, most of the time an experienced criminal defense lawyer can either get you a less serious charge, a lesser sentence, or even get the charge dismissed. You owe it to yourself to get experienced legal advice from a knowledgeable defense attorney. Contact our Criminal Defense Lawyer in Grand Rapids, Michigan at (616) 458-8585. We are located on Cascade Road and I-96, just miles away from many colleges and universities in West Michigan. Located on the corner of Cascade Rd. and Kenmoor Ave., just east of Interstate I-96, six miles from the Kent County Courthouse. Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County. We represent students from Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand Rapids Community College, and Michigan State University. |
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Bruce Alan Block, PLC
Attorney and Counselor at
Law Home Page || Law Firm Overview || Medical Marijuana || Indecent Exposure || Drug Offenses || Contact Us The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for personalized advice regarding your individual situation. Copyright © 2010 Bruce Alan Block, PLC. All rights reserved. No claim as to government or other private works. You may reproduce materials at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Requests to reproduce any content should be made in writing to the above. |
Police officers cannot get a search warrant
nor a subpoena to search your
phone based on a violation of the texting ban. Officers can only try to obtain consent from
the driver. Remember, absent
consent, police officers MAY NOT lawfully seize a driver's
phone to examine
the contents.