According to CTIA - the Wireless Association, there are over 276 million subscribers to wireless communication services in the United States alone. In addition, over 135 billion text messages are sent each month. Although the use of cell phones and other electronic devices have been shown to increase the risk of an accident, recent studies have found that sending and receiving text messages is by far the riskiest behavior, because it diverts the driver’s attention away from the road for extended periods of time.

In an effort to help reduce incidents of distracted driving, the Governor recently signed new legislation banning the use of text messages while driving. The new law amends the Michigan Vehicle Code to prohibit a person from reading, manually typing or sending text messages while operating a moving motor vehicle on a street of highway in the State. The prohibition does not apply to an individual who is: (1) reporting a traffic accident, medical emergency or serious road hazard; (2) reporting a situation in which the person believes his or her personal safety is in jeopardy; (3) reporting or averting the perpetration of a crime; or (4) carrying out official duties as a police officer, law enforcement official, member of a fire department or emergency vehicle operator. The new law also does not ban the use of cell phones to make calls while driving.

Texting will be a primary offense, which means that police officers can pull over motorists solely for using cell phones to send text messages. A individual who violates the prohibition is guilty of a civil infraction, subject to a mandatory fine of $100 for a first violation and $200 for a subsequent violation. However, the new law prohibits the Secretary of State from assessing any points on the person’s driving record for a violation of the prohibition. The new law will take effect July 1, 2010.