New Michigan Law Bans Hand-Held Cell Phone Use While Driving Effective June 2023

Effective June 30, 2023, Michigan law will ban the usage of hand-held cell phones by drivers operating a motor vehicle. This legislative change aims to reduce the rate of distracted driving accidents, particularly around the July 4th holiday—known to be one of the most dangerous weekends for motorists. Michigan becomes the 26th state to implement such a ban in an ongoing national effort to address the distracted driving crisis.

What Actions Are Banned Under the New Distracted Driving Law?

The new statute restricts drivers from holding a cell phone or mobile electronic device to perform the following actions while driving:

  • Making or receiving calls
  • Sending, reading, or receiving text messages
  • Recording, viewing, or transmitting videos
  • Accessing, reading, or posting on social media platforms

The law defines “holding” as physically supporting the device with any part of the hands, arms, or shoulders. Consequently, even tucking a phone between your ear and shoulder could result in a ticket and a fine.

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Comparison with Previous Legislation

While texting and driving were already illegal under prior Michigan law, the new regulation takes it a step further by disallowing the holding of a phone while driving. With the advent of smartphones, the spectrum of distracting activities has widened, leading to a surge in severe and fatal accidents caused by distracted driving.

The new law addresses these risks and modernizes the scope of distracting activities while driving. For instance, holding a phone impairs a driver’s ability to keep both hands on the steering wheel, which can be critical in emergencies.

Enforcement and Consequences

Under the new law, law enforcement officers are authorized to stop a vehicle solely for using a hand-held cell phone without any additional traffic violation. The statute also prescribes data collection to ensure that the law is not disproportionately affecting drivers in marginalized communities.

Penalties

For passenger vehicle drivers, the penalties are as follows:

  • First offense: $100 fine
  • Subsequent violations: $250 fine
  • Three or more violations: $250 fine and a mandatory driver’s education course

Commercial and school bus drivers can face up to $500 per violation.

Exceptions to the Ban

The legislation allows for specific exceptions:

  • Law enforcement officers, firefighters, and emergency responders during their official duties
  • Public utility workers in the case of an emergency
  • General motorists under certain emergency conditions, such as reporting accidents or dangerous situations

Is Hands-Free Truly Risk-Free?

Although hands-free devices are a less dangerous alternative to hand-held cell phones, studies show they can still cause “inattention blindness.” Research indicates that drivers may miss up to 50% of their surrounding environment even when using hands-free devices due to divided attention.

Consult Our Michigan Car and Motorcycle Crash Attorneys

If you or a loved one has been impacted by a distracted driving accident, we are prepared to help. With comprehensive legal expertise, our Michigan car accident lawyers can coach you through the intricacies of car accident law and help you secure the compensation you rightfully deserve.

Contact us today to learn how we can assist you in your need.