Maryland's New Distracted Driving Law

                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  ESPECIALLY if you have something you’d rather not share with the police—like that your license was revoked, that you’re under the influence of drugs or alcohol, or that you’re transporting something illicit.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.

Should I refuse a breathalyzer or field sobriety test?

     You messed up.  You were driving a vehicle after “one or two drinks” (you’re not fooling anyone) and you’re over the legal limit. You know it.  Now you’re sitting on the shoulder during those terrifying moments between the initial traffic stop, and the dreaded “license and registration.”

       You’re wondering, “If the cops ask me to take a breathalyzer or a field sobriety test [Editor’s note: they will], should I comply, or refuse?”  You’re at a cross roads.  But unlike the trespassing hippie from the Frost poem that doesn’t have the benefit of exploring both paths, I’ve sketched the road map below:

The well trodden path

       In the first scenario, you abide by your parents’ directive that “honesty is always the best course of action.”  When the police officer asks “have you been drinking” you admit that you have.  You submit to the breathalyzer and the field sobriety tests and fail with flying colors.  You get booked for DUI:

•  On the criminal side, your statements admitting your prior drinking are used as evidence against you.  The failed breathalyzer and field sobriety tests are also used as evidence against you.  You are found guilty of DUI and receive a sentence (up to a year for a first offense).

• On the administrative side, the MVA suspends your license either 45 (if you blew between a .08 and a .15) or 90 (.15+) days.  The penalties double for subsequent offenses.

The road less traveled

       In the second scenario, you remember what the attorney from the Wire said to his clients: “shut up.”  You don’t admit anything to the police, and refuse the breathalyzer and the field sobriety test.  You get booked for DUI.

•   On the criminal side, there are incriminating statements the State’s Attorney can offer against you.  There are no failed breathalyzer or field sobriety tests.  Your attorney has a fighting chance and wins you an acquittal.

•  On the administrative side, the MVA suspends your license for 120 days.  The penalty increases to a year for subsequent offenses.

Which do I choose?

       The first option results in a shorter suspension of your license, but dramatically increases your chances of being found guilty of DUI (and even if you get Probation Before Judgment—it cannot be expunged from your record).  If you are on probation, a “guilty” disposition, even if it does not result in jail time, will constitute a violation of your probation, and could result in you “backing up” time.  If you’ve already been convicted of DUI or DWI, penalties for repeat offenders increase substantially.

       The second option results in a longer suspension of your license, but dramatically increases your chances of beating the charge of DUI (and charges that result in a “not guilty,” “nolle prosequi” or “stet” are eligible for expungement).

       Don’t take this post as a blessing to pull a Hasselhoff and get behind the seat of a car.  Drinking and driving is dangerous and illegal.  Don’t do it (you've noticed that both options result in you being booked and charged).  But if you do, remember your options.