Until recently, you could still hold a phone in your hand while you drive; those days are now long gone. Indiana has become hands free when it comes to driving. For some, this may take some getting used to. It may be tempting to pick up the phone, but you may want to think twice since you will be subject to a $500 fine. On july 1, 2020 Governor Holcolmb signed into law House Bill 1070 in an effort to make indiana roadways safer for drivers.
Under the old law, drivers were not permitted to use a telecommunication device to type, transmit, or read any electronic messages while driving. The Seventh Circuit Court of Appeals found this law to be too broad because it was difficult for an officer to prove that an individual was actually texting and driving.
The new law, codified at Ind. Code § 9-21-8-59 provides “(a) Except as provided in subsections (b) and (c), a person may not hold or use a telecommunication device while operating a moving motor vehicle.” It is important to note that subsection (b) allows the use of a telecommunications device in conjunction with hands free or voice operated technology. Additionally, subsection (c) allows a telecommunications device to be used or held to call 911 to report a bona fide emergency.
Do you have to turn your phone over to an officer if he supposedly sees you on it while driving?
NO!!!
Let’s say you are driving down the street, and an officer pulls you over and alleges that he witnessed you on the phone. He then demands you hand your phone over to him. It’s important that you understand your rights. Ind. Code § 9-21-8-59 makes it very clear that, without your consent, an officer cannot confiscate your phone to see if you were complying with the “hands Free” law. If the officer believes a separate offense was committed, he will need a warrant to access your phone without your consent.
Are you or someone you know facing criminal charges? Don’t gamble, and call Campbell today for a free consultation.
Attorney Michael A. Campbell is an experienced Criminal Defense Attorney who will fight for you every step of the way.
