Using your smart phone while driving may be a crime

Oregon’s distracted driving law has evolved over time, and since 2017 each offense includes escalating consequences. What most people refer to as “cell phone tickets” fall under ORS 811.507 as Operating Motor Vehicle While Using Mobile Electronic Device – that’s a mouthful, but it basically means using your devices while driving. What starts as a traffic violation becomes a criminal charge if there have been two convictions within 10 years, potentially turning you into a convicted criminal with a jail sentence and serious fines. The third and subsequent convictions are Class B misdemeanors, punishable by a minimum $2000 fine and in extreme cases up to 6 months of jail time.

What’s legal and what’s not?

With such stiff consequences looming, it is important for Oregon drivers to understand what is legal when it comes to our devices and driving. Here are some guidelines:

• Don’t pick up or hold your phone or tablet, even at a stoplight.
• Pull over and park legally if you need to pick up your device to check something.
• You can use your devices in any hands-free (voice activated) way you need to.
• You are allowed to touch your device or swipe it once to activate a function (like answering a call)
• You can use built-in devices such as in-dash touchscreens, but not if it can be removed from the vehicle.
• There are exceptions for commercial drivers, first responders, and some others using a device in the scope of their work.
• There are exceptions for calling medical or emergency help.
• There are exceptions for medical devices.

Why is Oregon making such a big deal out of this?

Research by the National Highway Safety Administration has demonstrated that distracted driving claims thousands of lives a year, so there’s substantial political pressure to get people to hang up and drive. We’ve probably all been following someone thinking they were a drunk driver only to pass them to see that they’ve been messing with their phone. This is a daily fact of life on Oregon’s roads, and law enforcement is cracking down on it.

How to legally and safely use your devices in the car

We all depend on our smart phones and other mobile electronic devices for more and more basic daily functioning – both personal and professional. It can be hard to ignore those notifications when they pop up, because you don’t know if it is your boss with an important message or your college roommate liking your cat photo. Most newer vehicles nowadays have pretty slick device integration built in, but for those of us driving a “vintage” car we might not have the option to tell Siri to read our texts to us. Regardless, we have to develop the self-control to wait until we are safely parked to find out!

Reynolds Defense Firm is here to help

If you are charged with a criminal offense due to driving while using a mobile electronic device usage under Oregon’s Distracted Driving law, Reynolds Defense Firm is ready to help. There are defenses to these allegations, and our legal team’s deep knowledge and experience can help you find a positive resolution for your case. We offer free consultations, and it is our goal to leave everyone better off for having spoken with us, even if we do not end up working together. Contact us today so you can sleep better tonight.