Starting Nov. 1, 2015, use of cell phones to send or receive text messages while driving has been outlawed. Municipalities may adopt ordinances criminalizing the action as well, though the municipality’s fine plus court costs cannot exceed $100. Exceptions to the prohibition exist for fire and police employees who are using their phone during an imminent emergency situation.

This alert will cover the elements of the offense as well the potential for liability exposure under the 4th Amendment during a traffic stop to investigate this offense.