Q: Should I fight a MI 257.602b case for using my phone as a map while driving? It was not affixed to the vehicle.
I received a ticket in Ogemaw County, MI for holding my phone to use it as a map/gps (as remarked on the citation). I was cited under the texting and driving law that specifies "a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person's hand or in the person's lap". My grounds for fighting this are that I did not violate this law due to no text message being read, typed, or sent. The officer told me that the Judge has ruled in favor of upholding similar tickets based on the statement "As used in this subsection wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle". As I understand it, that is simply an exception to affixed GPS/Navigation devices and in no way does it imply that using a cellphone for MAP/GPS is "texting". However, I am unable to view any previous decisions from this court or find any precedent in Michigan.
A: I think where you'll run into trouble arguing in your defense is that while holding your phone, it was not affixed to the motor vehicle - regardless of what was on your screen.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
