Recently, the National Traffic Safety Board (NTSB) announced their recommendation that each state should fully ban all types of cell phone use while driving. The recommended ban includes not only browsing the internet on iPhones, Androids, Blackberrys, and other smartphones, but also sending or receiving text messages, talking on a hand-held cell phone, and even talking on a hands-free device. The NTSB argues that these activities distract too many drivers and that something needs to be done to ensure safety on the roads. Many Americans hope their state does not ban these activities, because, as a society, we have become accustomed to using our cell phones while driving.
Violations of this law are civil traffic infractions
In Michigan, it is already illegal in most circumstances 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.” Violations of this law are civil traffic infractions, meaning there is no potential for imprisonment as part of the punishment. A first violation of this law will result in a $100 fine, while a second or subsequent violation will result in a $200 fine. However, if reading or sending a text message causes a driver to become distracted and the driver gets in an accident or injures or kills another person, it can result in a criminal charge, such as reckless driving or involuntary manslaughter.
As top criminal defense attorneys, we wonder whether Michigan will follow any of the NTSB’s recommendations and outlaw all types of cell phone use when driving. If Michigan lawmakers do choose to make this activity illegal, we wonder if it will be in the form of criminal violations or just civil infractions like the texting ban.
Any time a person is being investigated for any type of traffic offense, they should contact a skilled attorney immediately.