How Hands-Free Driving Enforcement Will Affect Massachusetts’ Residents

On November 25th 2019 in Boston, Governor Charlie Baker signed improved legislation in relation to the use of electronic devices while driving. The intention is to improve road safety in Massachusetts. It stipulates that anyone while operating a motor vehicle is only permitted to use an electronic device if the device is being used hands-free. This now means that emailing or texting someone while driving is no longer an option.

Those operating a motor vehicle may only view text or look at a video if it is being viewed on a device which is assisting navigation and the device itself is positioned in a way that is appropriate for its use.

Additionally, it is not possible to make phone calls unless this involves not having to hold the phone. Bluetooth or a similar device should be used wirelessly for a connection. The commonwealth has since 2010 forbidden the use of texting while driving, but other typical actions like the dialing of a phone number were never covered.

According to advocates of the legislation it should reduce accidents caused by distracted driving which is so commonplace these days. However, police believe it will not be easy to enforce.

When Does the New Law Come Into Effect In Massachusetts?

The law will come into effect on Feb. 23th 2020, which is 90 days after it has been signed into law. There will be a grace period in force up to March 31st. Up to this date any drivers caught breaking the law will be issued with a warning up to April 1st if it is a first violation of the law.

When Can the Phone Be Used in a Motor Vehicle in  Massachusetts?

The new law allows the use of electronic devices if in an emergency situation the phone holder needs to keep in contact with first responders so they can do their jobs unhindered. This could be in any of the following situations:

• to administer medical attention;
• an appeal for emergency intervention from either the police or fire department;
• to report an accident or a vehicle that has become disabled.

In addition, this new law isn’t applicable to first responders who are driving while on duty. It does allow drivers to use a single tap or swipe that activates the hands-free device, similar to the one that utilizes Bluetooth. The law also permits use if operators are stationary and not driving actively on the road.

What Happens If You Get Caught Using Your Phone on the Road in Massachusetts?

If you are apprehended by a law enforcer in Massachusetts because you are seen using a mobile phone without a hands free device after the grace period, it is considered to be a serious offense. Breaking any law in the commonwealth is taken seriously and there is no exception for mobile phone users. There are a number of punishments for anyone caught using a mobile device which is not hands free.

A first offender can expect to be fined $100. If a second offense is committed expect a fine of $250 and for a third or more offense expect a $500 fine. Additionally car operators who commit more than one offense are required to take part in an educational program which focuses on distracted driving prevention.

Currently, if you are caught you won’t have to face any penalties in the present grace period, which runs until the beginning of April 2020 but once this is over you will have to face the full force of the law if you are arrested and charged.

A law enforcer will ask you to stop your car if s/he believes you have been using a cell phone without the presence of a hands free device. In some serious cases, you may have no option but to accompany the police officer to the police station to face the charge. However, you don’t need to say anything because if you do it may be written down and used as evidence against you at the court.

Under your Miranda rights you are given the right to remain silent until an attorney is present to defend you when questioned. Once your attorney is present s/he will look at the evidence provided by the police officer who arrested you and will decide the best way to defend your charge.

Seek the Help of an Attorney 

If you believe you were unjustly charged with violating Massachusetts’ new hands-free laws, you should seek help from a Massachusetts criminal defense attorney to fight your charge.

Contact Law Offices of Richard Mucci to order a free case evaluation. Call at 781-729-3999 to talk about your circumstances.