On
October 1, 2013, Maryland’s new “distracted driving” law went into effect. The law (Md. Transportation Article §21-1124.2)
promotes “use of handheld telephone while driving” from a “secondary offense”
to a “primary offense.” The critical
difference between the two being that a police officer may not affect a traffic
stop based solely on a secondary offense (e.g. even if the cop sees you doing
it, so long as you aren’t doing anything else
wrong, he can’t stop you). A police
officer may affect a traffic stop for
a primary offense.
Practically,
what does that mean? First, it means you
can be stopped and ticketed if a cop sees you driving while chatting, texting,
or updating your status while driving.
The penalty will be a small fine for first-time offenders, with
penalties increasing dramatically for subsequent offenses. Second, it means the police will have ample
more opportunities to stop you. And once
stopped, the police will run a warrant check, verify that your driving privileges
are not suspended or revoked, and potentially search your vehicle (either by
consent or otherwise).
What
should you do? Stop using the phone
while you’re driving. ESPECIALLY if you
have something you’d rather not share with the police—like that your license
was revoked, that you’re under the influence of drugs or alcohol, or that you’re
transporting something illicit. If you must
use your phone while driving, be sure to have Young & Valkenet on
speed-dial.
