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Divorce@JCL.

A 2021 Hands-Free Notice.

12/31/2020

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This is not necessarily divorce related, but it is an important notice for all Arizona drivers.
 
January 1, 2021, starts a new year, but it also brings in a number of new laws that become effective. One in particular, which will affect most people over 16, is the new hands-free law that precludes anyone from using a portable wireless communication device (PWCD) while operating a vehicle. The law falls under A.R.S. 28-914 and applies to, “A cell phone, portable telephone, text messaging device, personal digital assistant, stand-alone computer, GPS receiver, or any similar device that is used to initiate or receive communications, information, or data” (it does not include a radio). For clarity, you can use these devices in hands free mode; in fact there are a number of exceptions, which include the allowable options like the following:
  1. Using hands-free mode
  2. Swiping to accept or reject a call
  3. Talking on the phone or device using an earpiece or a device worn on the wrist
    (like an apple watch)
  4. Using a GPS device
  5. Using a voice-based communication (like talk to text)
  6. Using a handheld device while stopped at a traffic light
  7. Using the cell phone to call 911 
  8. Using a cell phone while waiting for a train to pass.
 
So, what are the consequences of violating this law?
  1. This can be the basis for an officer to pull you over.
  2. First time offenders will be fined between $75 and $149.
  3. Second time offenders will be fined between $150 and $250
  4. NOTE an officer making a stop cannot take the phone or inspect it.

In the end, the main objective is to have safer (less distracted) driving. So, let’s all do our part and try to honor this law by putting our phones away while driving. AND, if you have children who can drive, stress the importance of putting the phone away when they drive and consider your own additional penalties - like the loss of driving privileges.
 
Happy New Year...and I look forward to seeing you in 2021.
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    Jason Castle is a family lawyer who specializes in high-conflict cases. He's also a former prosecutor & social worker. Hear his latest divorce thoughts! 

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