(Editor’s note: The information in this special series is for educational purposes only and is not intended to address any particular case, nor should any articles be taken as legal advice. Always consult with an attorney on any legal matter.)
With every new year, a slate of new statutes goes into effect — one of which for this year will impact most drivers.
Distracted driving is the cause of many crashes and can be pointed to, the same as impaired driving, as reckless behavior that can lead to charges when a crash occurs.
In June, Pennsylvanians will see new restrictions on the use of cell phones while driving. The current statute prevents a driver from sending, reading or writing a text while the vehicle is in motion. But beginning in June, it will be a traffic violation for a driver to use a mobile device in the vehicle — including while the vehicle is temporarily stopped at a traffic light — except to communicate with law enforcement or other emergency services during emergencies. The statute specifically prohibits using at least one hand to hold, or supporting with another part of the body, a mobile device; dialing or answering a device by pressing more than a single button; and reaching for a mobile device in a manner that requires a driver to maneuver so that they are no longer in a seated driving position, properly restrained by a seat belt.
The new law does not prohibit a device that is being used exclusively as a navigation system; a device that is being used in a hands-free manner; and a few other exceptions for emergency workers, bus drivers and commercial drivers.
Some municipalities have attempted to fashion their own ordinances regarding cell phone use by drivers but this statute will preempt those across Pennsylvania.
For the first 12 months, officers will investigate the violation but only issue citations when a violation is found to have occurred. That does not mean, however, that officers cannot charge other offenses.
I think we will see that the investigation into cell phone usage will often lead to other charges in that, while officers are at a vehicle investigating cell phone usage, they will discover evidence of other crimes such as drug possession, DUI or even trafficking.
