Michigan DUI Blog

Texting While Driving

by admin on April 30, 2010 · 1 comment

On April 29, 2010 Michigan joined 23 other states and the District of Columbia with texting bans as it is now illegal to:

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 certain exceptions to the law, so for example, it does not to an individual who is sends a text message to report a traffic accident, medical emergency, or serious road hazard or a situation where his or her personal safety is in jeopardy, report or avert the perpetration or potential perpetration of a criminal act against the individual or another person.

A violation of the law makes the driver responsible for a civil infraction and shall be ordered to pay a civil fine for a first violation, $100.00, and for a second or subsequent violation, $200.00.  No points will be added to the driver’s record.

Governor Granholm said she wanted to add a provision mandating hand-free while driving.  However, she said:

“There wasn’t any support for it this time around,” Granholm said. “But we’re hoping the next step in the process will be a law mandating hands-free driving.”

It is expected that the penalties for violations of this law will increase over time.  In fact, this is reminiscent of the drunk driving laws only a few decades ago.  At that time, drunk driving was a simple traffic offense carrying few penalties.  Now, largely thanks to MADD, drunk driving is a series criminal offense, often carrying mandatory jail time.

In fact, there is even an organization called “Mothers Against Texting and Driving” and they are modeled after MADD.  Because of this, it is expected that texting while driving will become a misdemeanor within a few years.

Here is a video about MATT:

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This post was written by...

– who has written 85 posts on Michigan Drunk Driving Defense.

Patrick T. Barone is the principle and founding member of the Barone Defense Firm, headquartered in Birmingham, Michigan. The Firm exclusively represents those accused of crimes involving allegations of drinking and driving. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School as well as the author of two respected books including Defending Drinking Drivers (James Publishing), The DUI Book - A Citizen’s Handbook on Defending a Drunk Driving Case, and a chapter in Defending DUI Vehicular Homicide Cases, 2012 ed. (Aspatore Books). He also served as the executive editor of the DWI Journal: Law & Science. He is also a graduate of the Gerry Spence Trial Lawyer's College. Mr. Barone has been listed as “Seriously Outstanding” by SuperLawyers, and since 2009 has been included in America’s Best Lawyers. He has an “AV” (highest) rating from Martindale-Hubbell, and is a frequent lecturer and has presented around the country on trial practice and drunk driving defense tactics.

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{ 1 comment… read it below or add one }

darrellsmithlaw June 29, 2010 at 10:14 pm

I am confident that they will be cracking down on this law even more strongly in the future as people are made more aware of it.

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