Maryland Auto Accident Attorney | Maryland Cell Phone, Texting, and Driving Laws

Can I send a text message or talk on my handheld cell phone while driving in Maryland?

No. Maryland bans cell phone use while driving without a hands-free device. This means you cannot have the phone in your hands while driving. Instead, drivers must use a hands-free device, like a Bluetooth headset, if they wish to talk on their cell phone.

Can law enforcement officers pull me over for talking or texting on my cell phone?

Yes. In Maryland, the use of handheld cell phones (includes both talking and texting) while driving is a primary offense. This means law enforcement officers in Maryland have the authority to pull drivers over for talking and/or texting on a cell phone without using a hands-free device. The offense was previously a secondary offense, requiring officers to pull you over for something else before citing drivers for using their phones improperly.

What are the fines associated with getting pulled over while using a cell phone while driving in Maryland?

A first-time offender will be fined $83, including court costs. A second offense will cost $140 and increase to $160 for a third and subsequent offense. In addition, if the violation contributed to an accident, 3 points will also be assessed in addition to the fine.

What if I need to use my cell phone for an emergency?

Drivers can use their phones to call or text 911 in the event of an emergency. Maryland law continues to ban the use of cell phones while driving for school bus drivers, those under 18 and adults who hold learner's permits.

New Texting Law in Force in Maryland

Starting October 1, 2011, reading a text message or an email from behind the wheel will cost a driver up to $500 in fines. Maryland's new law, barring the reading of texts while driving, clarifies the existing texting while driving rules. Up until this point, drivers were barred from writing text messages while driving but were allowed to read them. Law enforcement authorities have already commented that police officers will begin enforcing the law immediately.

Police in Maryland have issued 587 warnings and 379 traffic citations for texting while driving and 4,021 warnings and 5,227 traffic citations to drivers talking on cell phones since the initial ban was put in place two years ago. The law still provides an exception for drivers who are texting emergency operators or using phone GPS systems.

Drivers who are ticketed can still choose to pay a $70 fine an accept guilt, which would add a point to their license; if the texting leads to an accident, accepting guilt would mean paying a $110 fine and three points on the license. If a driver chooses to contest the ticket in court, that individual runs the risk of being found guilty of a misdemeanor and having to pay up to a $500 fine. If you were involved in an accident that resulted from the other driver texting while driving contact the Maryland personal injury attorneys at Portner & Shure.

Status of Ban on Driving and Texting

Last week the Maryland's House of Delegates voted to prohibit reading text messages while driving. Those that violate this proposed ban would be guilty of a misdemeanor and could face fines up to $500.00. Although last year lawmakers voted to prohibit the writing and sending of text messages while driving, the new law would also prevent drivers from reading text messages as well.

Local area's have already begun to tighten up on driving while using hand sets. As a matter of safety, cell phone usage in a motor vehicle should be limited. Conversing while driving takes attention away from the road and the potential hazards that exist. Hands Free devices could very well become a requirement in Maryland and the surrounding states. Currently using a hands free device is a requirement in the District of Columbia.

If you, a family member, or someone you know has been involved in a car accident or if you would like more information on motor vehicle collisions, please contact Portner & Shure for a free consultation.

Major Verdict Rendered in Prince George's County Car Accident Case

A Prince George's County jury has awarded a $4.1 million verdict to the estate and family of a 20 year old male killed in a December 2007 accident.

Plaintiff David Gray was driving to the University of Maryland to attend classes when his vehicle was struck by a police cruiser.  The police cruiser had crossed a double yellow line and collided with the Plaintiff's vehicle, causing the vehicle to be sent airborne across the street.  Paramedics quickly arrived to the scene and transferred the Plaintiff to the Prince George's County Hospital Center, where he subsequently died from injuries sustained in the accident.   

The Plaintiff's mother filed suit on her son's behalf against the Defendant, an off-duty police officer with the Prince George's County Police Department.  In asserting that the Defendant negligently operated his vehicle, the Plaintiff's estate alleged that the Defendant was driving at twice the 25 mile per hour speed limit, that the Defendant was text messaging while driving his vehicle, and that the Defendant was under the influence of alcohol he had consumed the night before.  The jury agreed with the Plaintiff's assertions, and awarded a total verdict of $4.1 million dollars.  Of the $4.1 million awarded, $3.6 million went to the estate of the deceased, $500,000 to the Plaintiff's mother for pain and suffering, $35,000 for past medical expenses and $5,000 for funeral expenses. 

There are a few key points worthy of mention in this case.  It is very curious that the fact that the Defendant had been drinking the night before was not discovered until he was deposed during the civil case.  The Defendant apparently was not asked by his fellow Prince George's County officers arriving on the scene whether he had consumed alcohol the previous evening.  According to the deposition, the Defendant stated that he had drank 3 to 5 Corona's the night before the accident prior to going to sleep at 3 a.m.  The accident occurred just 4 hours after he had gone to sleep, making it entirely possible that the Defendant was still under the influence at the time of the accident.  The Washington Post examined the alcohol consumption issue in this case in greater detail. 

Another interesting point is that texting was used as a means to demonstrate negligent driving.  The Plaintiff's counsel in this case actually brought in an AT&T representative to testify that there was a data transfer from the Defendant's phone at the time of the accident.  I think that the use of texting to show negligent driving in car accident cases may be something we see more and more. 

If you have been in a car, truck or motorcycle accident and believe the person that struck you was at fault, you should contact an experienced attorney.  The attorneys at Portner & Shure many years of experience representing accident victims in Maryland, Virginia and the District of Columbia.  Contact us for a free consultation.