What’s Considered a Mobile Device and What Can I Use While on the Road with the New Law?

The new anti-texting law takes effect on September 30, 2010 in Massachusetts.   This law prohibits using any mobile device.

What does this mean?  It means you can’t:

  • WRITE electronic messages (texts, IM’s, emails, etc)
  • READ electronic messages (texts, IM’s, emails, etc.)
  • SEND electronic messages (texts, IM’s, emails, etc.)

If you get stopped:  you face fines from $35-$150 dollars.

According to the statute mobile devices include:  any hand-held or other portable electronic equipment capable of providing data communication between 2 or more persons, including, without limitation, a mobile telephone, a text messaging device, a paging device, a personal digital assistant (PDA) a laptop, electronic equipment that is capable of playing a video game or digital video disk, equipment on which digital photographs are taken or transmitted, any machine that is capable of receiving a television broadcast.

MOBILE DEVICES DO NOT INCLUDE: any equipment affixed, installed, either temporarily or permanently in a motor vehicle for the poruse of providing nagviationg or aermegency asistance to theoperator of the vehile, or to entertain passengers in th rear seats of a motivel vheilce (basically anything used as a GPS and to entertain your small children in the back seat are ok as long as they are attached to the car)

Mobile phones can be handheld and used to talk (for operators over 18) as long as ONE HAND REMAINS ON THE WHEEL.

My suggestion for all your smart-phone G.P.S. users (I use my iPhone to navigate quite a bit) is to get something to affix it to the car so that you won’t be breaking the law.

If you are arrested, stopped, pulled over the Law Office of Jessica Foley can help!  We provide aggressive defense and take pride in how we guide our client’s through the difficult and often confusing legal process.  Please call 866-981-7888 for a consultation!


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