Texting and driving has become a major problem in Minnesota and across the United States. Just six years ago, police issued 1,707 citations for texting and driving, and that annual number skyrocketed to 7,357 in 2017. Far too many people are driving distracted, and aside from hitting them in the wallets, it’s also costing people their lives.
Put your phones down when you’re behind the wheel, otherwise you may end up with a ticket that costs more than $100 and leads to increased insurance rates. Texting while driving citations are difficult cases to win, but there are some valid defenses. We discuss the law and your defenses in today’s blog.
Texting While Driving Definition
We usually just call the ticket a “texting while driving citation,” but the law is actually much broader than simply sending a text while driving. As Minnesota Statute 169.475 states, it is illegal to view or transmit an electronic message while operating a motor vehicle. An electronic message includes, but is not limited to, a text message, e-mail, instant message, web page or other data that uses a commonly recognized electronic communications pool.
A common misconception among individuals that we talk to who have been cited for texting while driving is the “while driving” part of the citation. The car does not need to be in motion for you to be texting while driving. If you’re stopped at a stop sign, a red light or in a traffic jam, you’re still operating a motor vehicle and thus can be cited. A lot of our clients say they didn’t know they couldn’t check their phone at a red light, but this is considered illegal unless you’re making a phone call.
Texting While Driving Defenses
With all that said, there are some legal defenses to contesting a ticket for using a cell phone while driving. There are generally five different defenses you can use. They are:
- You were only using it in a voice-activated or hands-free mode.
- You were making a phone call, not sending or reading a message.
- You were using it to call 911 or for emergency assistance.
- You were using it because you had a reasonable believe someone’s life was in immediate danger.
- You are performing official duties in an emergency or government vehicle.
If you were doing one of the above activities when you were cited for distracted driving, give us a call at (952) 224-2277 to see how we can help you. Please put the phones down when driving so you and everyone else on the road can get to their destination safely.
