Starting August 1, 2019 Minnesota’s laws regarding the use of Wireless Communication devices (i.e. cell phones) will change (Minn. Stat. 169.475, as amended 2019). Drivers who violate these laws will receive a ticket for $50 plus court fees for their first offense and then the cost goes up to $275 for repeat offenders.
First, we will cover the basics and how to avoid a ticket. Next, we will cover some statistics and my take on what effect his new law will have on privacy and safety.
Here are the basics you need to know about the new Hands-Free Minnesota laws coming August 1, 2019:
- Drivers
my use their cell phone ONLY BY VOICE COMMANDS OR SINGLE TOUCH ACTIVATION
AND WITHOUT HOLDING THE PHONE. The safest definition of this is simply that
you can touch the button on your phone once for Siri or Alexa (or you
can do the “hey Siri” thing instead). - “One-touch”
is allowed for activating or deactivating apps and app functions and
activating/deactivating the device, HOWEVER, “one-touch” has not yet been
clearly defined (I.e. how far apart in time between each “one-touch) SO IT’S
BEST TO AVOID TOUCHING YOUR PHONE ENTIRELY! No scrolling or typing, even if
it’s an app function! - Drivers
are prohibited from using their phone for video calling, video live-streaming,
Snapchat, gaming, looking at video or photos stored on the phone, using apps
beyond one-touch, reading texts and scrolling or typing on the phone. Basically, DRIVERS MAY NOT HOLD THEIR
PHONE IN THEIR HAND AND CAN ONLY LOOK AT THE PHONE FOR GPS. (except to
obtain emergency assistance if there is an immediate threat to life and safety) - Texting: It is
okay to receive and send texts if done entirely by voice commands (to create
and send a text) and audio play of the texts (to hear texts received) by voice
command. - GPS: Drivers
may use GPS and other navigation systems as these are exempt from the law
pertaining to looking at your phone. A one-touch activation, voice activation,
or starting the route when parked is still required.
Avoid a ticket– Suggestions on ways to go Hands Free
- Safest
Phone Use: Use a dash clip to hold the phone, don’t ever touch it, use voice
commands only, and your screen display can only show GPS/navigation.- Again,
“one-touch” is permitted but not advisable because it has not yet been clearly
defined.
- Again,
- Put
you phone in the glove compartment or trunk and you will avoid all temptation
to look until you arrive at your destination - Use
a single earphone w/microphone if you must speak on the phone while
driving. Using earphones in both ears is
still illegal. - Many
newer cars come equipped with technology (blue tooth) that allows you to use
the car’s speaker system to make/receive calls with voice command and this is a
great way to avoid holding your phone. - Simply
use your smartphone on speaker function and use only voice commands like “hey
Siri” or “hey Alexa”. - With
voice commands, have your smart phone read texts to you and you can also reply
via voice (your smart phone will type it for you). - If
you need to use navigation apps, get a clip to hold your phone on the dash so
that you do not need to look down or pick up the phone to see directions.
What does the future hold for personal injury cases?
It is my hope that this new law will reduce the number of accidents and provide for increased safety on our roadways in Minnesota.
New standard of negligence/liability? This new law will create a new standard for negligence when it comes to liability for personal injury. Basically, if a defendant gets into an accident when violating this law, the court will allow plaintiffs to present the facts (i.e. was holding cell phone, was texting with hands) and, given the new law and awareness, juries will likely find negligence and liability for the defendant. Of course, liability would also depend on all facts and circumstances.
Punitive Damages: These damages are an extraordinary remedy that requires a motion to the court to allow a jury to consider punitive damages (more money awarded for punishment). The law requires a clear and convincing showing of “acts of the defendant” that show “a deliberate disregard” for the rights and safety of others. Depending on all facts of the case, you can see how violating the new hands-free law could open up the door for exposure to punitive damages, as applied to the above legal standard.
Can I text someone I know is driving? Yes, but not always. Typical lawyer answer, right? Perhaps but the concern here is the following scenario: A person texts a driver. The driver texts back and says “I’m driving and I can’t text please call me”. The person texts back knowing that the driver is driving. Driver is distracted and an accident happens because of the distraction. The injured party sues both the driver and the person texting them for negligence. This will be a new cause of action for personal injury plaintiffs attorneys.
What does the future hold for criminal cases?
The new law not only imposes civil fines for a violation, but it also potentially sets a new standard factually for violating a number of laws, including careless driving, which is a criminal misdemeanor. Juries will be more easily convinced that a driver was careless, for example, now that society will be conditioned to believe that violating this law is careless.
Probable cause/Pretextual stops: A pretextual stop is basically a fishing expedition to stop a driver, without cause, and then search for a violation of the law. Example: pulling over a car leaving the bar at closing time. These stops are illegal, unless the officer can justify it with a suspected violation of the law, no matter how small. Just like the fairly new seat belt law, the hands-free law creates a new justification for pretextual stops. Even if incorrect, an officer now will only need to say they thought they saw the driver holding a phone, scrolling, or touching it multiple times, and most courts will likely uphold the stop as legitimate. I can guarantee this prediction.
There are many nuances to this law and definitions that will later be defined by our appellate courts, such as the definition of “one-touch”. Please call us or respond to this blog to discuss.
If you have any questions regarding the new laws, or if you receive a ticket that you want to discuss with our experienced lawyers, don’t hesitate to give our law firm a call at (763) 682-1324
Sources:
HandsFreeMN.org
NHTSA
Sec. 2. Minnesota Statutes 2018, section 169.475, as amended https://www.revisor.mn.gov/laws/2019/0/11/%5E(%3FPlaws.0.2.0%5B0-9%5C.a-zA-Z%5Cs/%5C/%5D+)$#laws.0.2.0
Disclaimer: For advertising and general informative purposes only, this blog(s)/site(s) is not intended to provide legal advice. Content and/or emailing this firm through this blog(s)/site(s) does not create an attorney-client relationship. Visitors to this blog(s)/site(s) should not rely on the blog(s)/site(s) to provide advice for specific legal situations. Please do not provide any confidential or privileged information in any writing to us through our site. Please contact us to schedule a free initial consultation to discuss possible representation in your legal matter.
