People accustomed to checking their cell phones after every beep or buzz are advised to change their habits before Michigan’s ban on texting while driving goes into effect Thursday, East Lansing police Capt. Tom Johnstone said.
Police departments across the state are preparing to enforce the ban and inform the public of the new law, which 23 other states already have enacted, according to the Michigan Office of Highway Safety Planning, or OHSP.
According to the OHSP, the law amends the Michigan Vehicle Code to prohibit a person from reading, typing or sending text messages while operating a motor vehicle. Talking on the phone or selecting a song on an MP3 player is not illegal, as long as the driver does not appear distracted to patrolling officers, said Anne Readett, communications manager at the OHSP.
In East Lansing, there is nothing out of the ordinary for which officers have been trained in preparation for the ban — noticing people reading and sending texts while driving is a frequent occurrence, Johnstone said.
“We’ve all seen it before — not just police officers,” Johnstone said. “If (an officer) can see a blatant violation, I suspect an officer would stop (a driver).”
Michigan State Police First Lt. Matt Bolger said although officers do not have the right to take away a person’s phone after pulling them aside, they are allowed to ask drivers what they were doing and ask to see their phone, if necessary.
There is a $100 fine for the first offense and a $200 fine for each subsequent offense, Readett said. Pulling people over for texting will be under the umbrella of a typical traffic infraction, similar to failing to stop at a stop sign, Readett said.
As with other violations, if a person faces a fee and court appearance, he or she will be able to refute the citation in front of a judge, Johnstone said. When the ban goes into effect Thursday, it is necessary to not only be aware of the law itself and one’s rights, but the dangers of distracted driving at any time, he said.
“The biggest thing is just be conscious of yourself and everyone around you,” Johnstone said. “That’s why the law … (was) passed. Someone just had to say that distracted driving is dangerous to all of us.”
If it is absolutely necessary to contact a person, make a phone call or pull over, Johnstone said. But if one is texting at a red light or stop sign, the law still is violated, he said.
“Technically, you’re still operating the vehicle while (texting),” Johnstone said. “If you’re a drunk driver stopped behind a red light, you’re still driving.”
Interior design senior Annie Juettner said although the ban is necessary to prevent distracted driving, people probably will find a way to get around the new law.
“It would be just like speeding — you slow down when you see the cops,” Juettner said. “In this case, you just wouldn’t text or hide your phone when they are around.”
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