In 2009, Minnesota law enforcement issued nearly 46,000 citations for DWI driving while impaired.  In that same year, less than 400 citations were issued for violating Minnesota State 169.475, which prohibits the use of wireless communication devices.   By comparison, in July 2010, nearly 1000 citations were issued to Minnesota drivers for using prohibited wireless communications while driving.    

Why the increase?  Are more people using cellular phones in 2010? 

No, Minnesota law enforcement agencies have begun a new pet project – enforcement of a two year old law.  Minnesota State section 169.475 “Use of Wireless Communications Device” states that 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.  The law does carve out an exception for communication devices used solely in a voice-activated or other hands-free mode, making a cellular phone call, obtaining emergency assistance, or for authorized emergency vehicles during official duties.

Minnesota defines “electronic message” as a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices.  For example, an electronic message may be an email, a text message, an instant message, a command or request to access the internet, or other date that uses a commonly recognized electronic communications protocol.  An electronic message is NOT voice or other date transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.    

Does this sound familiar?

Yes.  Minnesota law enforcement decided to aggressively pursue seat belt tickets.  In 2009, nearly 74,000 citations were written for violating Minnesota’s seat belt law. 

Make sure you understand the importance of this new law! DWI criminal charges in Minnesota have a new competitor for the police’s attention.

The odds of being pulled over by a Minnesota law enforcement officer have significantly risen.   Remember that once you are pulled over, police may expand the scope of that stop to investigate other suspected criminal activity if they have reasonable suspicion.  For instance, police may stop your car for a suspected a seat belt or driving while texting violation and end up arresting you for DWI if they have probable cause to do so.  Additionally, your cell phone likely records activity and may be used to prove an allegation of driving while texting.  For more information on your rights please check out Martin Law Offices “Know Your Rights” page.

If you have received a traffic violation and or have questions or comments, please do not hesitate to contact this office at (612) 381-0303.