The law permits police to pull over motorists if they observe the driver texting. Violators may be fined $150 and have two points added to their driver’s license. Offender may also be required to attend distracted driving classes.
For those who might be wondering whether the law applies only to actually sending a text message, here’s your answer:
“Illegal activity includes holding an electronic device and:
- Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages
- Viewing, taking, or transmitting images
- Playing games
A driver can dispute the fact that he or she was actually operating a cell phone in court. A defense of this sort would require a subpoena of cell phone records.
Remember, nothing contained in this article constitutes legal advice, nor should it be treated as legal advice. Also, laws change constantly, so do your own research or hire an attorney to make sure the laws mentioned here have not changed. You may wish to consult an attorney to evaluate your particular situation.