21st Jun 2023

a man driving with one hand while he is talking on the phone is now illegal so you must put your phone down while driving in Michigan

On June 7th, Governor Whitmer signed new legislation in Michigan regarding hands-free driving. Michigan is the 26th state to enact this hands-free distracted driving law. It has been illegal to text and drive in Michigan since 2010 and at that time cell phones were not as advanced as they are now. This new law prohibits any type of cell phone use, while driving, that is not hands-free.

It is now illegal to do the following while driving (including being stopped at a red light) in Michigan:

  • Receive or make a phone call.
  • Send, receive, or even read a text message.
  • Record, send, or view a video.
  • View or post content on any social media pages.
  • Scroll or search on the internet.
  • Reach for a mobile device if that requires you to maneuver so that you are no longer in a seated driving position.

It is ok to have your phone mounted on the dash of your vehicle and use voice commands for calling and GPS functions, if it is all done hands-free.

If an officer sees you just holding a phone while driving, they have reason to pull you over and issue you a ticket for the offense. If drivers are caught violating this law, they could face potential fines, community service, or made to complete a driver improvement course.

Driving a Regular Vehicle

First Violation Offense- You will see a $100 fine for a first violation, or 16 hours of community service, or both.

Second Violation Offense- You will see a $250 fine, or 24 hours of community service, or both.

If you are caught violating this law three or more times in three years, you will see a $250 fine and the court will order you to complete a driving improvement course.

Driving a Commercial Vehicle or School Bus

First Violation Offense- You will see a $200 fine, or 32 hours of community service, or both.

Second or Subsequent Offense- You will see a $500 fine, or 48 hours of community service, or both.

If you are in an accident and it is determined that you are at fault and violated this law, the fines will double.

There are a few exceptions to this new law. If a driver is in an emergency or witnesses an emergency and needs to call 911, they can do so without penalty. Also, emergency workers such as law enforcement and first responders are exempt when they are performing official duties.

According to the Michigan State Police, 6% of motor vehicle crashes in 2021 occurred because of distracted driving. The State of Michigan says that there are three main types of distractions while driving. They are as follows:

Under this new bill, Kelsey’s Law was also tightened. Under MCL 257.602c, teen drivers who are issued a level 1 or level 2 graduated license are prohibited from talking on a hand-held mobile phone while driving. This includes using voice commands. If teen drivers are found to be violating this law, they could see fines and also a delay in moving to the next graduated license level. However, the same emergency exceptions stated above apply to this revised law as well.

Governor Whitmer is quoted saying, “These bills will ban the use of a phone while driving, including sending texts, watching or recording videos, or engaging with social media. This will reduce distracted driving crashes that have taken too many lives and shattered so many families across Michigan.”

According to AAA, Memorial Day, which is the unofficial start to summer, begins the 100 deadliest days on the road for young drivers. This law protects the individuals driving, passengers in vehicles, other drivers on the road, and those in work zones. It will help reduce the number of fatal crashes and help make Michigan roads safer.

This law goes into effect on June 30, 2023.

Written by Beier Howlett


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