Texting Law Passes

DetroitDad · June-27-10, 03:16 PM

http://www.drivinglaws.org/detroit.php

It is now illegal to text while driving in Michigan. Of course, it was already illegal to use a cell phone while driving in Detroit, period. It was also already illegal to drive with only one hand in Michigan as a whole, I do believe. Oddly, it is still legal to operate and look at a GPS screen, change the radio station, watch TV on cell phone, shave, or put on makeup while driving. Myself? I spent much frustrating time trying to calm a baby in a rear facing baby seat because you can't put them in the front seat anymore.

So was this whole thing just a waste of tax payers money and politician's time?

Clearly, if you want to talk or text on the phone while traveling, you are someone who mass transit is perfect for.

**ejames01** · June-27-10, 04:19 PM

All you have to do is throw your phone out of the window and the charge wont stick.

**artds** · June-27-10, 05:20 PM

Originally Posted by DetroitDad

It is now illegal to text while driving in Michigan.

Just for clarification, the texting ban was signed into law by Governor Granholm back in April, but it doesn't take effect until July 1st.

So it's still legal to text while driving for another 4 days.

**artds** · June-27-10, 05:41 PM

Originally Posted by ejames01

All you have to do is throw your phone out of the window and the charge wont stick.

Drug users think that works too; but what they don't realize is that all cops have a super-power that enables them to go back and pick up whatever you threw out the window off the ground.

In all seriousness though, this is a "conduct" offense, not a "possession" offense. That means all that is needed for you to be found guilty is credible testimony that you engaged in the prohibited conduct. The item necessary to commit the offense need not be produced or even found on your person. The judge will consider the cop to be a disinterested witness and will likely view his testimony as sufficient to find that you committed the offense.

**fryar** · June-27-10, 05:42 PM

Originally Posted by artds

So it's still legal to text while driving for another 4 days.

Better get to it, then. Anybody have the link for DetroitYes Mobile handy?

**Lowell** · June-27-10, 06:40 PM

The ordinance makes no mention of this being a points offense. Anyone know if that is the case?

Also it says nothing about entering a phone number. Does this mean it is a not infraction to punch in a 10 digit phone number and several more subsequent voicemail commands but you can get fined for sending or even reading a 9 character text message??

The law as written is very imprecise. Can I read this forum and post a reply since that technically is not a text message? Can I play a game? How does the police officer produce evidence tha one was texting not dialing? Will the state go to the expense of subpoenaing the phone company to prove one was texting?

**English** · June-27-10, 10:23 PM

I didn't know about the Detroit cell phone usage law. Thanks.

I agree that mass transit will allow us to use our electronic devices much more safely... that is, if you don't miss your stop!

**dtowncitylover** · June-27-10, 10:43 PM

Originally Posted by DetroitDad

Of course, it was already illegal to use a cell phone while driving in Detroit, period. It was also already illegal to drive with only one hand in Michigan as a whole, I do believe.

As if DPD could care [[like doing 80 on any of the expressways) or if the MSP could care also. It's not as if they can take a quick pic of you having one hand on the wheel.

**detroitbob66** · June-27-10, 10:52 PM

I also wonder how they will be able to tell that you were texting or not....could you just deny it? or are they gonna be able to go into your phone and look at your recent calls/text messages and see what time they took place? Seems like an awful lot of troublle over texting, but I do see their point. Maybe they wont really enforce it, such as the talking on cel phone law, they just want people to be more aware of the danger

**Meddle** · June-28-10, 12:08 AM

Originally Posted by DetroitDad

It is now illegal to text while driving in Michigan. Of course, it was already illegal to use a cell phone while driving in Detroit, period. It was also already illegal to drive with only one hand in Michigan as a whole, I do believe. Oddly, it is still legal to operate and look at a GPS screen, change the radio station, watch TV on cell phone, shave, or put on makeup while driving. Myself? I spent much frustrating time trying to calm a baby in a rear facing baby seat because you can't put them in the front seat anymore.

So was this whole thing just a waste of tax payers money and politician's time?

As far as I know, there are laws about distracted or careless driving, so why the need to specifically worded laws that overlap existing laws?

I see these fad laws as a waste of time. Enforce the existing laws that cover the same offenses.

**Hamtragedy** · June-28-10, 12:10 AM

Correct me if I'm wrong, but didn't KK veto the council resolution that would have banned cell phone use while driving within the city limits?

Regardless, maybe after July 1st, people will actually start driving once the light turns green, instead of waiting for me to honk at them.

**Meddle** · June-28-10, 01:13 AM

Regardless, maybe after July 1st, people will actually start driving once the light turns green, instead of waiting for me to honk at them.

Not hardly. That problem occurred long before cell phones. People used to read the newspaper behind the wheel on the way to or from work or did their nails or ate lunch or ...

**dookie joe** · June-28-10, 02:28 AM

Originally Posted by Lowell

Also it says nothing about entering a phone number. Does this mean it is a not infraction to punch in a 10 digit phone number and several more subsequent voicemail commands but you can get fined for sending or even reading a 9 character text message??

The law as written is very imprecise. Can I read this forum and post a reply since that technically is not a text message? Can I play a game? How does the police officer produce evidence tha one was texting not dialing? Will the state go to the expense of subpoenaing the phone company to prove one was texting?

No, the motorist will have to incur that expense, along with an attorney to argue the ticket. And the authorities know most people will just go ahead and pay the relatively cheaper fine than try to fight it.

Mark my words: There will be a rash of tickets handed out to people who were just dialing their phones, or even talking on them. It's the officer's word against yours.

If you think the passage of this law was anything but a revenue scheme, you're sadly mistaken. Get used to it. There's more coming.

**CLAUDE G** · June-28-10, 02:49 AM

I only text when im at red lights anyways....

Its just like our stupid seatbelt law. As long as I don't get points when im caught, I'll gladly pay the Ticket.

I can't tell you how many times I drove through a seat belt enforcement zone without wearing my seatbelt. I always pay attention to whats on the road ahead of me, and I can usually put it on before I get to the officer doing the audit. Then even im caught, I just turn down the very next size street, as the police officers don't wait till 5 or 6 blocks down so they are not drawing alot of attention.

The last time I got a no seatbelt ticket was at 11:30 at night on Van Dyke and 7 Mile and all the streetlights where out, and I couldn't see the sign or the officer sitting in the middle of the road doing the check on everyone who went by. I had a friend with me, I was quick enough to tell him to put his seat belt on, so they where only able to issue 1 ticket.

Its just as bad as feeding the parking meter in Grosse Pointe. They fine you like $5, its cheaper to save $.25 NOT to feed the meter if your in and out and take your risk on a $5 ticket.

**smogboy** · June-28-10, 03:32 AM

I seriously wonder how much teeth this law will have as well. I think it pretty much has to do with spooking the irresponsible teens who text and driving into complying. Besides aren't there at least a handful of other laws that are meant to keep drivers' attention on the road? Those could easily be enforced as well as this NEW law.

It could also be a knee jerk law enacted by a handful of politicians to look as though they're tech savvy and proactive.

**davewindsor** · June-28-10, 03:44 AM

Originally Posted by Meddle

As far as I know, there are laws about distracted or careless driving, so why the need to specifically worded laws that overlap existing laws?

I see these fad laws as a waste of time. Enforce the existing laws that cover the same offenses.

It's not a waste of time. It saves time. In Ontario, if you're caught, they can and many times will charge you with the very broad careless driving offense, which is 6 points for pretty much any auto offense [[whether it be speeding, using a cellphone, whatever). Then, you have to go to the Crown [[prosecutor's office) or JP and plead guilty in return for them reducing it to the cell phone ban law, which is just $500 and no points. A guilty plea outside of the court saves court time and the officer doesn't have to show up to testify wasting police resources. I suspect Michigan does the same thing to save time and that's why there's the overlap.

**Meddle** · June-28-10, 04:06 AM

I suspect Michigan does the same thing to save time and that's why there's the overlap.

No, I suspect that MI [[and other states taking similar actions) are looking at these as revenue generators like the other poster noted. If was REALLY about stopping texting or cell phone use, the law would have been written to apply points and possibly confiscate the device. Which is also why I say use the existing laws that have more teeth.

**Roq** · June-28-10, 05:07 AM

Originally Posted by smogboy

It could also be a knee jerk law enacted by a handful of politicians to look as though they're tech savvy and proactive.

Bingo. It got Jenny on Oprah after all.

**smogboy** · June-28-10, 06:34 AM

Originally Posted by Roq

Bingo. It got Jenny on Oprah after all.

I was also wondering about all of the other states that have this law on their books too. I wouldn't say it was just Granholm but a lot of other politicians as well.

Retroit · June-28-10, 08:38 AM

Originally Posted by DetroitDad

Clearly, if you want to talk or text on the phone while traveling, you are someone who mass transit is perfect for.

...or maybe not:

"Train engineer was texting before California crash" http://www.reuters.com/article/idUSN0152835520081002

"Conductor in Boston trolley crash was texting his girlfriend" http://www.boston.com/news/local/bre..._taken_to.html

**artds** · June-28-10, 10:50 AM

Originally Posted by CLAUDE G

I only text when im at red lights anyways....

I'm fairly certain that any judge will interpret the phrase "while operating a motor vehicle" to include when you're sitting in traffic at a red light with your foot on the brake.

Additionally, texting while your vehicle is stopped at a red light is when you're most likely to get caught since the officer's view of you would last longer than if your car was in motion, and this is especially true if his car is also stopped at the light along with yours.

**MCP-001** · June-28-10, 12:23 PM

There is an article in today's Detroit News on this.

Yet another money making scheme from Gov Granholm and her nanny state.

**REL** · June-28-10, 12:31 PM

Originally Posted by DetroitDad

[url]Myself? I spent much frustrating time trying to calm a baby in a rear facing baby seat because you can't put them in the front seat anymore.

Damn government! Trying to keep your child from crashing through the windshield in a bloody splash. When will they let you kill your own child without interfering with your life?!?!?!

Teasing. On a serious note, I appreciate the ban. Every time I am driving behind someone driving erratically or with complete lack of courtesy, I pass them only to see them texting.

And in case you were wondering, I am writing this from my Blackberry from the Lodge while I am trying to put my nylons on with my free hand. Gotta go...

**Nee000** · June-28-10, 01:30 PM

I think its a good law becasue I can't count the number of people that I have seen driving badly because they are talking/texting on a cellphone. Just because its law, doesn't mean that its gonna be enforced in Detroit.

**Corn.Bot** · June-28-10, 02:44 PM

Once again, the law is directed at the end user instead of the source. Really, requirements and/or regulations should be directed at the phone providers. Just my opinion that, since we certainly can't seem to make people smarter, we need to make our vehicles & devices smarter.

My favorite idea, which I wish someone in cell-phone-land would hear: when a vehicle's speedometer registers any mph in a forward motion, a cell phone will not function except to send a 911 call. Period. You need to make a call, pull over and park to do it. You're expecting a call or a text? That's why you have a voice mail, and an in-box.

Business does NOT have to be conducted from behind the wheel of a car [[contrary to what I've heard from a couple of sales people). Passenger in a moving vehicle? Your point?

There are apps that do these things now.... make'em standard.