If you have been charged with texting and driving in Minnesota, you will need to contact a criminal defense lawyer. Eerie Insurance did an analysis and found that many drivers were posting pictures to social media while driving. Most common were posts of clouds, sunsets and selfies while posting the hashtag #whiledriving. The Star Tribune reported that more than 3,179 people were killed and 431,000 were injured in crashes involving distracted drivers in just 2014. Distracted driving and texting and driving is very dangerous and has been a topic that Keller Criminal Defense Attorneys has previously blogged on. Distracted Driving Awareness Month begins this week which urges drivers to stay focused on the road and not use cell phones while driving.
Pursuant to Minn. Stat 169.475 states that “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.” Subd. 2.Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.
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Defense and exceptions
There are defenses to traffic violations when dealing with the use of wireless communication devices under the statute.
(1) solely in a voice-activated or other hands-free mode;
(2) for making a cellular phone call;
(3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
(4) in the reasonable belief that a person’s life or safety is in immediate danger; or
(5) in an authorized emergency vehicle while in the performance of official duties.
If you have been charged with a distracted driving citation or texting and driving, contact Keller Criminal Defense Attorneys. A Minnesota Defense lawyer be able to view to evidence and see if any defenses apply in your case. A Minnesota Defense lawyer may be able to challenge the evidence in your case. A Minneapolis defense attorney may also challenge the constitutionally of the statute and the laws in the state. Max Keller is a criminal attorney in Hennepin County, Minnesota. Keller Criminal Defense Attorneys offers free consultations. Call 952-913-1421 to talk with a criminal lawyer licensed in Minnesota. Max Keller has handled many traffic violation cases. The attorneys at Keller Criminal Defense Attorneys have also won bench trials and have got traffic violation tickets dismissed. There are also many ways to keep this from going on your record. Max Keller will fight for you and will meet with you for free. Please visit the firm’s website at www.kellerlawoffices.com.
