On October 1, 2011 a new law went into effect further cracking down on text messaging use in Maryland. Since 2009 it has been illegal to send text messages using a cell phone while driving, and the year after that the hands-free cell phone law went into effect. This new law that just went into effect closes some loopholes, increases the penalties for texting while driving, and gives police extended powers to enforce the ban.
Here are the key elements to the new law:
1. Closed Loopholes. The old law only banned sending, not reading, text messages from a handheld device. It also allowed handheld device usage while stopped at a red light or any time the vehicle was not “moving.” Those loopholes have now been closed. It is now against the law to send, read, or view text messages. This law applies while driving and also while stopped at an intersection.
2. Point Accumulation. The new law makes it a one-point offense on your driver’s license to text and drive. If the texting caused an accident, that offense jumps up to three points on your license. Previously this offense was a fine only.
3. Police Enforcement. Police can now use law as the primary basis for a traffic stop. Before, the police could only enforce this law if they stopped someone for a different reason. The new law allows officers to pull someone over if they witness that person texting while driving, even if that person is not committing any other traffic offense.
As a Maryland criminal defense attorney, I suspect this law will have an impact as it pertains to police enforcement. As you can see from the changes, police can now use their belief that a person is using a handheld device to read or send a text message to initiate a traffic stop. I now see plenty of cases where a driver is pulled over for the most minor of traffic infractions–improper lane change, brake light out, rolling a stop sign–when the officer was actually using the stop as a pretext because he suspected criminal activity. Traffic stops based on a pretext are legal as long as there is an objective basis for the stop (i.e. the driver did commit a traffic infraction). I suspect this new law will add another tool in the arsenal for police to stop motorists they suspect to be involved in criminal activity.
A piece of free advice–don’t text and drive. Be alert, be safe for yourself and for others on the road, and be sure not to give the police any reason to pull you over!