NMA State Alert for Michigan: New Anti-Texting Law Goes Into Effect
Be advised that on July 1st, 2010, a new Michigan primary enforcement law, MCL 257.602(b), went into effect, prohibiting texting while driving.
The law prohibits reading or sending texts while driving, and while the vehicle is moving. Texting is allowed at stop lights when the vehicle is motionless.
The Michigan State Police headquarters has issued a directive to its troopers regarding the law. It confirms that since this texting violation is a civil infraction, and not a criminal offense, an officer may not demand that a citizen turn over their cell phone to the officer (for immediate confirmation of texting or long-term evidence-gathering purposes, for example). The June 30, 2010 directive to the troopers states, in part:
Officers are reminded they cannot obtain a search warrant or an investigative subpoena solely for a violation of MCL 257.602b because a violation is a civil infraction. Officers may seek to obtain consent from an individual to examine his or her 2-way communication device; however, absent consent, officers may not lawfully seize an individual’s device and examine the contents.
Being aware of your rights during such a traffic stop can help you protect those rights.
