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Dick Helton's Blog
09/20/2006 5:17PM
Dick's Campaign Update Blog
Please share your comments regarding Campaign 2008.
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When do the new wireless telephone laws take effect?
The new laws take effect July 1, 2008
What if I need to use my telephone during an emergency, and I do not have a hands-free device?
The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fir department, or other emergency services agency.
What are the fines if I'm convicted?
The base fine for the FIRST offense is $20 and $50 for subsequent convictions. According to the Uniform Bil and Penalty Schedule, with the addition of penaltyassessments, a first offenseis $76 and a second offense is $190.
Will I receive a point on my drivers license if I'm convicted for a violation of the wireless telephone law?
NO. The violation is a reportable offense: however, DMV will not a assign a violation point.
Will the conviction appear on my driving record?
Yes, but the violation point will not be added.
Will there be a grace period when motorists will only get a warning?
NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate remedy for the situation.
Are passengers affected by this law?
No. This law only applies to the person driving the motor vehicle.
Do these laws apply to out-of-state drives whose home states do not have such laws?
Yes
Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?
YES. A law enforcement officer can pull you over just for this infraction.
What if my phone has a push-to-talk feature, can I use that?
No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a "push-to-talk" feature. However, a push-to-talk feature attached to a hands-free ear piece or other hands-free device is acceptable.
What other exceptions are there?
Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property.
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