Michigan Law Prohibits Hand-Held Cell Phones
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As of June 30, 2023, drivers using hand-held cell phones behind the wheel can be ticketed and fined. Michigan law prohibits holding a cell phone to text, make and receive calls, view or record videos or use social media while driving. The ban is part of a wider effort to curb distracted driving.
If you or a loved one is injured by a distracted driver, our experienced Michigan car accident lawyers will protect your rights and help you receive the compensation you deserve.
Do You Have a Case?WHAT IS PROHIBITED UNDER MICHIGAN’S DISTRACTED DRIVING LAW?
Under MCL 257.602b, drivers may not hold a mobile electronic device to do any of the following while operating a motor vehicle:
- Make or receive a call
- Send, receive or read a text message
- View, record or transmit a video
- Access, read or post to a social networking site
The law defines “holding” as physically supporting the phone with any part of the hands, arms or shoulders. Tucking a phone between your ear and shoulder can result in a ticket.
HOW DOES THIS LAW DIFFER FROM PREVIOUS CELL PHONE LEGISLATION?
Michigan previously restricted texting while driving. The 2023 law goes further: drivers may not hold a phone in their hands while operating a motor vehicle, including for calls. Traffic safety experts backed the hand-held ban to reduce distracted-driving crashes in Michigan and nationwide.
CAN DRIVERS BE PULLED OVER AND TICKETED SOLELY FOR USING A HAND-HELD CELL PHONE?
Yes. Police can stop a car and issue a citation solely because the driver is using a hand-held cell phone, even if the driver is otherwise following traffic rules. A stop based only on this violation does not, by itself, authorize a search of the vehicle or its occupants.
WHAT ARE THE PENALTIES FOR VIOLATING THE MICHIGAN CELL PHONE LAW?
Passenger vehicle drivers who violate this law are subject to the following penalties:
- First offense: $100 fine
- Subsequent violations: $250 fine
- Three or more violations: $250 fine plus a mandatory driver improvement course
School bus or commercial vehicle drivers are subject to fines of up to $500 per violation.
ARE THERE ANY EXCEPTIONS TO THE PROHIBITION ON HAND-HELD CELL PHONES?
Yes. The statute includes exemptions for the following people, including paid personnel and volunteers, during official duties:
- Law enforcement officers
- Firefighters
- Emergency medical responders
- Those operating authorized emergency vehicles
- Public utility employees or contractors responding to a public utility emergency
Other motorists may use a hand-held phone in limited emergencies, including calls or texts to 911 and reports of:
- A traffic accident, fire, dangerous road hazard or medical emergency
- A motorist who is driving recklessly or appears to be under the influence of alcohol or drugs
- A crime in progress
IS HANDS-FREE ALSO RISK-FREE?
Not necessarily. Using a hands-free device is less dangerous than holding a phone, but a conversation or dictating directions can still take attention off the road.
Talking on a phone while driving can cause “inattention blindness,” according to the National Safety Council. Drivers on the phone, hands-free or not, often miss a substantial portion of what is in front of them. Research also links phone conversations to slower reaction times and poorer lane-keeping.
DISTRACTED DRIVING FAQ
Can I Use Headphones Or Earbuds While Driving?
Michigan does not specifically ban headphones or earbuds while driving, but they are not recommended. They can make it harder to hear sirens, horns and other traffic.
Can I Use My Phone at a Red Light?
No. It is illegal to use a hand-held phone while operating your vehicle, including while stopped at a red light or sitting in traffic.
What is Operation Ghost Rider?
This is a Michigan enforcement effort against distracted driving. Officers ride in unmarked “spotter” vehicles. When a spotter sees a distracted driver, a marked unit can stop the vehicle and issue a citation if appropriate.
Why is Driving While Using a Cell Phone Distracting?
The three main classifications of distracted driving are:
- Visual: taking your eyes off the road
- Manual: taking one or both hands off the wheel
- Cognitive: focusing on something other than driving
Using a hand-held cell phone can involve all three.
PUT OUR EXPERIENCED MICHIGAN CAR ACCIDENT LAWYERS TO WORK FOR YOU TODAY
If you or a loved one was injured in a distracted driving accident, we are ready to help. Our knowledgeable legal team knows what it takes to pursue your case, and we have the expertise and resources to seek the compensation you deserve.
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