Handheld Device Violation in Taylor, Michigan

Applies to both CDL and non-CDL drivers operating in Michigan

ℹ️ What the violation is under Michigan law

Michigan’s handheld electronic device restrictions are found in MCL 257.602b. As of the 2023 update, the statute prohibits a driver from:

• Holding or manually using a mobile electronic device while operating a motor vehicle on a roadway.
• Sending, reading, or manually typing text messages.
• Making or receiving calls unless the device is used in a hands-free manner (e.g., mounted phone, Bluetooth, voice activation).
• Watching or recording video that is not related to navigation.

The law applies to all drivers, including those operating commercial motor vehicles. There is no Michigan-specific handheld-device statute written solely for truck drivers, but CDL holders are subject to additional federal rules discussed below.

👁️ Common scenarios leading to this citation

In Taylor, handheld-device tickets often come from:

• Taylor PD monitoring intersections such as Telegraph, Ecorse, Eureka, and Pelham, looking for drivers visibly holding phones.
• Officers viewing a driver with a phone in hand while stopped in traffic—Michigan law still applies even when stopped at a light.
• Commercial vehicle enforcement officers watching truck drivers approaching delivery zones or the I-94 corridor.
• Video or dash-cam evidence from crashes that occur in heavy-traffic retail areas near Southland Center.

💰 Possible consequences for non-CDL drivers

Because this is a civil infraction, penalties include:

• Civil fines and court costs (the statute lists no specific dollar amount, and each court—including the 23rd District Court in Taylor—sets its own schedule within legal limits).
• Driver’s license points: Michigan assigns points to handheld violations under the Secretary of State’s point schedule. The 2023 changes to MCL 257.602b allow point assessment when a violation involves a moving vehicle.
• Possible increases in insurance premiums.

🚚 CDL-specific consequences under federal rules

For CDL drivers, a handheld-device violation carries far more weight because of FMCSA regulations, specifically 49 CFR 392.80 and 392.82. These federal rules prohibit commercial motor vehicle drivers from:

• Holding a mobile phone to make a call.
• Dialing by pressing more than one button.
• Reaching so far for a phone that the driver must move out of the seated driving position.

FMCSA classifies handheld phone use in a CMV as a serious traffic violation. Key CDL implications include:

• A single conviction can place CSA severity points in the Unsafe Driving BASIC, which impacts the driver’s and carrier’s CSA scores.
• The violation appears in the PSP (Pre-Employment Screening Program) record for three years for drivers, and five years for carriers.
• Employers may take corrective action under internal safety policies, including coaching, probation, or termination.
• Two serious traffic violations in a three-year period can trigger a 60-day CDL disqualification, even if they occur in a non-CMV.
• Roadside inspectors may issue out-of-service orders when handheld use is observed during active CMV operation, depending on the enforcement circumstances and carrier policies.

🏛️ How handheld-device cases are handled in Taylor’s 23rd District Court

The 23rd District Court has regular traffic dockets and allows negotiations in many civil infraction cases, depending on the driver’s record and the circumstances. Officers in Taylor frequently appear for handheld-device hearings, and the court typically permits discussions about:

• Reducing the charge to a zero-point or non-moving infraction when supported by the facts and the driver’s history.
• Amending the citation when a CDL driver must avoid federal consequences, though this depends heavily on the judge, the prosecutor or city attorney, and whether the officer opposes a reduction.
• Allowing drivers to demonstrate corrective measures (hands-free equipment installed, safety training) when appropriate.

🛑 Next steps for a CDL driver cited in Taylor

A driver—especially one operating a CMV—should avoid paying a handheld-device citation without a legal review. Steps that typically protect drivers include:

• Requesting a formal hearing before the 23rd District Court deadline to preserve all defense options.
• Evaluating whether the officer observed actual “manual use” as defined by MCL 257.602b; visual possession of a phone is not enough—there must be some prohibited action.
• Determining whether the vehicle was legally “in motion.” Certain evidence issues arise when a truck was stopped or parked.
• Exploring negotiation options to prevent a serious-violation designation under FMCSA rules.
• Documenting hands-free compliance to present during negotiations if helpful.