MICHIGAN NO TEXTING WHILE DRIVING LAW TAKES EFFECT JULY 1, 2010 – WHY YOU NEED A LAWYER TO FIGHT THIS TRAFFIC TICKET

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As many of you know, the “no texting messaging while driving”  legislation in Michigan has been signed into law by Governor Granholm on April 30, 2010 on the Oprah Winfrey Show. 

The new law reads as follows:
_____________________________________________________________________
April 30, 2010

EFFECTIVE DATE: July 1, 2010

STATE OF MICHIGAN

The People of the State of Michigan enact:

Sec. 602b. (1) Except as otherwise provided in this section, 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.

(2) Subsection (1) does not apply to an individual who is using a device described in subsection (1) to do any of the following:

(a) Report a traffic accident, medical emergency, or serious road hazard.

(b) Report a situation in which the person believes his or her personal safety is in jeopardy.

(c) Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person.

(d) Carry out official duties as a police officer, law enforcement official, member of a paid or volunteer fire department, or operator of an emergency vehicle.

(3) An individual who violates this section is responsible for a civil infraction and shall be ordered to pay a civil fine as follows:

(a) For a first violation, $100.00.

(b) For a second or subsequent violation, $200.00.

(4) This section supersedes all local ordinances regulating the use of a communications device while operating a motor vehicle in motion on a highway or street, except that a unit of local government may adopt an ordinance or enforce an existing ordinance substantially corresponding to this section.

________________________________________________________________________

So, as previously discussed elsewhere in this blog, this civil infraction for no texting while driving in Michigan WILL go on your Michigan driving record even though it carries no points.  Logically any no texting while driving ticket MUST be abtracted to your Michigan driver’s license, otherwise police officers in Michigan would have no idea whether to charge someone with a “second offense” under the statute.  This means you need a lawyer from Canu Torrice Law to fight no texting while driving tickets in Michigan so that they can be kept off your Michigan driving record.

This means your insurance rates will go up if you simply pay for a not texting while driving ticket in Michigan.  Therefore, if you get a no texting while driving ticket in Michigan you should treat this no differently than a speeding ticket or any other traffic ticket because IT WILL GO ON YOUR DRIVING RECORD IF YOU JUST PAY THE FINE!  It is irrelevant that it’s a “zero” point ticket because trust me, your auto insurance will no treat it as zero points, especially given the rationale behind the bill, since sending text messages or emails while driving is considered an inherently dangerous act that contributes to car accidents, etc.  In fact, according to the Michigan legislature, studies show that you are 23.2 times more likely to be in a crash or near crash. (See link to bill and read “Rationale”: http://www.legislature.mi.gov/documents/2009-2010/billanalysis/Senate/pdf/2009-SFA-0402-A.pdf

Trust us, auto insurance companies will take full advantage of this rationale and CHARGE YOU ACCORDINGLY in your increased insurance premiums!   

So, although police officers may tell you it is just a zero point ticket and just pay the fine, that is terrible advice.  If you do not have these kinds of tickets dismissed and prevented from going off your driving record, you may find that the $100 fine for a first offense may cost thousands of dollars in incresed insurance rates over the years.

Our Michigan lawyers are here to help you fight no texting while driving offenses in Michigan. If you receive a no texting while driving ticket in Michigan, contact the attorneys at our law firm, Canu Torrice Law, and we will fight to keep this off your Michigan driving record.

Peter A. Torrice
& Torrice, PLLC / Canu Torrice Law
www.AllLegalMatters.com
(586) 285-1700

Comments

  1. Anthony on May 6, 2010 at 4:28 pm said:

    NO KIDDING! The news said no texting while driving wouldn’t go on your Michigan driving record what a crock! That makes sense thou if it didnt go on your drivers license how could you get charged for a 2nd offense texting ticket. Scam. See, its all about making loot for the insurance company and punishing us.

    I want to know how they’re going to prove it anyway, I mean, how can you tell if someone is texting or dialing a phone number. This seems like a bs law to me.

  2. Peter A. Torrice on May 6, 2010 at 4:33 pm said:

    Good question. That was asked elsewhere on this blog too.

    In our opinion, this law creates a slippery slope to unconstitutional stops of Michigan motorists based on a “hunch” that somone is texting or emailing while driving. This law means that the door has been opened for police, state troopers, county sheriffs and all law enforcement officers to use the new proposed Michigan no texting/emailing while driving law as an excuse to pull you over as a pretext to see if your are drunk driving (OWI/DUI), or doing anything else illegal like smoking marijuana while in your car, or anything else. It is in our opinion that this law will open the door for pretextual stops by police which violates your Constitutional rights to be free from warrantless and unreasonable searches and seizures in violation of the 4th Amendement to the United States Constitution. It is an excuse for a cop to pull you over because he “thought” you were texting, and then arrest you for something totally unrelated to the original stop.

    Canu Torrice Law attorneys are already prepared to combat this potential no texting while driving law in Michigan which will give rise to the abuse of police power by issuing subpoenas for your cell phone records, if necesary, to show that you were not texting or emailing at the time you were stopped in Michigan for this alleged traffic offense, and then seek a dismissal of any drunk driving/OWI/DUI that results from this pretextual stop. We will aggressively seek a dismissal of any subsequent charges that arise from bogus “texting while driving” searches, and all in all, we will relentlessly challenge this overly broad law if it is passed in Michigan.

    PETER A. TORRICE
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

  3. Matt on May 11, 2010 at 1:11 pm said:

    Great job on Channel 7 news last night about the no texting while driving law in michigan and the hidden penalties with insurance because the ticket gets put on your driving record. Did not know that, great work man.

  4. Sokol on May 11, 2010 at 4:03 pm said:

    Good info on this new law thanks! I think Im gonna play safe and just buy me a bluetooth so I wont get ticket for cop think ing I texting while driving.

  5. Mandy on May 12, 2010 at 10:37 am said:

    Saw your attorney on tv also great interview by your law firm! I think no texting while driving in Michigan is a good law but the way its written i think its a problem too because no way police should be able to pull you over and make you stop just because they THOUGHT you were texting. I thought they needed some other reason to pull you over first before they gave you this kinda traffic ticket, and so what about the fine and 0 points it goes on your driving record insurance will rape you for that I had my insurance go up for a 0 point speeding ticket that the cop told me its 0 points “dont worry” and to just pay it because I had good driving record he gave be a “break.” Some break i got the fine the ticket went on my michigan drivers license record with the secretary of state so insurance went way up. I will never make that mistake to just pay a ticket anymore.

  6. Peter A. Torrice on May 12, 2010 at 11:32 am said:

    There is no doubt that Michigan’s no texting while driving law had a lot of support and public interest groups driving this legislation.

    In fact, there is a group called Mother’s Against Texting and Driving (sounds like anther type of Mother’s Against Drunk Driving “MADD” organization) that have been campaigning nationally for this exact type of law (see link below):

    http://www.youtube.com/watch?v=jIUYBNmCrKA

    Therefore, you can expect the no texting while driving laws and penalties to increase as time goes on. Based on the difficluties facing police in interpreting and enforcing this new law, do not be suprised if the language of the statute (and the penalties) changes in the near future.

  7. G-rod on June 17, 2010 at 4:13 pm said:

    Yup that law is gonna be here soon…curios how many tix the cops will give for no text while drive when law starts, like having those seat belt enforcement zones I bet. Just another way for the State to take more money from us for sure. I know that if i am dialing my phone and they think I am texting and I get a ticket I will fight it for sure because I will not let my car insurance go up for something like that.

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