Talking, Texting or Tweeting While Driving

Many states have passed laws that make it illegal to use your cell phone while driving.  Although the District of Columbia currently has a hands free law, the Commonwealth of Virginia has passed a law that penalizes an individual who sends text messages while driving.  Prior to the most recent change, it was legal in Virginia to talk on a cell phone while driving however; it was against the law to have earplugs in both ears while driving.  The rule against driving with an ear plug in each ear resulted in individuals potentially being cited for reckless driving.  The definition of reckless driving provides that a person can be cited regardless of whether they are speeding or weaving in and out of traffic: 

 § 46.2-852. Reckless driving: General rule:

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. (Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727.) 

Although an individual driving in the District of Columbia could have a hands free device, if that individual ventured into the Commonwealth of Virginia, he or she could receive a traffic infraction for using a device with two vice one ear bud. 

The State of Maryland recently passed legislation that teens could not Text or talk on a cell phone while operating a motor vehicle.  The rational behind this legislation was that novice drivers should pay full time and attention to the road.  Given the new age of technology, legislatures want to ensure that individuals are not so distracted that their failure to pay time and attention to the road and as a result cause a traffic or pedestrian accident. Since Maryland, Virginia and the District of Columbia are in such close proximity it is important to be familiar with the traffic laws in each jurisdiction.

In the Commonwealth of Virginia useful information about driving laws can http://www.dmv.state.va.us/webdoc/citizen/drivers/vadm3-1.asp   

If you are cited in either jurisdiction, you may either pay a fine or face a stiffer penalty.   If a traffic citation is accompanied by another offense such as reckless driving or driving under the Influence you could possibly be facing a potential jail sentence. 

If you are the parent of a teenage driver in Maryland, D.C. or Virginia, it is crucial that you are aware of the restrictions for under age or novice drivers.  Should you find yourself facing stiff penalties including jail, revocation of you privilege to drive or a hefty fine, you should consult with an attorney.