MICHIGAN LAW PROHIBITS HAND-HELD CELL PHONES

WHAT IS PROHIBITED UNDER MICHIGAN’S DISTRACTED DRIVING LAW?

Under this law, drivers may not hold a cell phone, or mobile electronic device, to perform any of the following tasks 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

Additionally, the law defines “holding” as physically supporting the phone with any part of the hands, arms or shoulders. Therefore, tucking a phone between your ear and shoulder can result in a ticket and/or a fine. 

HOW DOES THIS LAW DIFFER FROM PREVIOUS CELL PHONE LEGISLATION?

Michigan legislation prohibits drivers from holding a phone in their hands while operating a motor vehicle. According to traffic safety experts, the ban on hand-held cell phones is needed to curb the rising number of distracted driving accidents in Michigan and across the country.

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 complying with all other traffic rules. However, law enforcement cannot search a vehicle or its occupants if the traffic stop was based only on this violation.

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 mandatory driver’s education course

School bus or commercial vehicle drivers are subject to fines up to $500 per violation.

ARE THERE ANY EXCEPTIONS TO THE PROHIBITION ON HAND-HELD CELL PHONES?

Yes. The Michigan legislation includes exemptions for the following individuals, including paid personnel and volunteers, during the performance of their 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 hand-held cell phones under the following limited circumstances:

• Emergency situations where it is necessary to call or text 9-1-1
• Emergency calls to police and fire personnel, medical care providers or other entities to report the following:
  • A traffic accident, fire, dangerous road hazard or medical emergency 
  • A motorist who is driving recklessly and/or appears to be under the influence of alcohol or drugs
  •  A crime in process 

IS HANDS-FREE ALSO RISK-FREE?

Not necessarily. Although using a hands-free device is less dangerous than holding a phone, having a conversation or dictating information to a GPS system can be equally distracting.

Talking on a phone while driving causes “inattention blindness,” according to a report by the National Safety Council. The study showed drivers engaged in phone conversations, hands-free or otherwise, missed an average of 50% of what was in front of them. Even though they were “looking” at the road, their attention was divided between talking and driving.  

What’s more, research shows drivers who talk on the phone have slower reaction times, are more prone to speeding and have trouble staying in a lane.

DISTRACTED DRIVING FAQ

Can I Use Headphones Or Earbuds While Driving?

There is no Michigan law specifically prohibiting driving while wearing headphones or earbuds, however it is not recommended. Using headphones or earbuds decreases a driver’s ability to concentrate on the road and traffic conditions.

Can I Use My Phone at a Red Light? 

In Michigan, it is illegal to use your phone at any time while operating your vehicle. This includes stopping at a red light or sitting in traffic. 

What is Operation Ghost Rider? 

This is a Michigan state initiative intended to save lives and prevent injuries by reducing the number of distracted driving-related crashes. Law enforcement officers ride in the passenger seat of unmarked “spotter vehicles.” When the spotter observes a distracted driver, a fully-marked law enforcement unit is dispatched to initiate a traffic stop and issue a citation if necessary.

Why is Driving While Using a Cell Phone Distracting? 

The three main classifications of distracted driving are:

• Visual: when a driver takes their eyes off the road
• Manual: when a driver takes one or both hands off the wheel
• Cognitive: when a driver’s mind is focused on something other than driving

Using a hand-held cell phone is particularly dangerous because it causes a driver to experience all three types of distraction.

PUT OUR EXPERIENCED MICHIGAN CAR ACCIDENT LAWYERS TO WORK FOR YOU TODAY

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