Tougher Laws on Use of Cell Phones while Driving in Maryland

The Maryland House of Delegates voted 91 to 40 to allow Maryland police officers to conduct traffic stops of drivers that are using their cell phones.  Let's start with the language that most people do not understand; What is a primary offense and a secondary offense in Maryland.

A primary offense is one of the hundreds of Transportation Article Violations in Maryland that when an officer observes a driver or has reasonable articulable suspicion that you are violating a primary traffic offense while driving or on the public highways in Maryland, then he can conduct a traffic stop.  As opposed to a secondary offense, which means the officer cannot base a traffic stop on your offense, but can issue a ticket if you are stopped for another primary offense.

So, as the Maryland law is written now, a police officer cannot pull you over for talking on your cell phone, but if you are speeding and the officer pulls you over and observes you talking on your cell phone while driving, then that officer can issue a traffic ticket for the cell phone use.  As it stands, the secondary offense for using a cell phone while driving carries a maximum penalty of $40.00 for the first offense and $100.00 for a second or subsequent offense.  The Maryland House of Delegates do not want to increase the fines, they just want to allow officers to conduct more traffic stops based on your cell phone use.

As a Baltimore, Maryland criminal defense attorney, this smells a little bit like an excuse for police to make more stops that are discussed as traffic stops for cell phone use, but their real intentions are to allow the officers a chance to search your vehicle or conduct other investigations.  If it was about penalizing drivers, why then are they not raising the fines?

The bill now moves to the Maryland Senate, where if you remember, the original cell phone ban while driving bill had a much more difficult time passing.  It will be interesting to see if the Senate is willing to extend the current law and allow officers to make traffic stops for cell phone use while driving.

If you have been stopped in the State of Maryland and issued a traffic ticket for speeding, using your cell phone, or any other traffic offense, including DUI and DWI, contact me at my office, 410.288.2900.