Texting and Driving Lawyer in Nashville

Raybin and Weissman Attorneys >Did you know that simply holding your phone while driving is now a crime in Tennessee? Under the previous law, only “texting and driving” was prohibited. As of July 1, 2019, the law (T.C.A. § 55-8-199) has significantly expanded. If you have received a citation an experienced cell phone ticket lawyer can defend you.

It is now illegal to “physically hold or support with any part of the parson’s body” a cell phone, GPS, or similar electronic device while operating a motor vehicle. This means you cannot even hold a phone that has been turned off!

You may, however, mount the phone on your windshield, dashboard, or center console, as long as it does not hinder the driver’s view of the road and you are able to activate the necessary features with one swipe or tap.

The law also specifically precludes writing, sending, or reading text messages and emails while driving unless using a voice-to-text feature. You are not allowed to watch a video or movie, or record or broadcast video (other than on dashcam or similar devices)

There are several exceptions to the law that our texting and driving lawyers can use to fight your charges:

You may communicate with law enforcement or other emergency services if there is a bona fide emergency
You may use a device when lawfully parked or stopped
In-vehicle navigation systems are not covered
Radios (including 2-way and CB radios) are not covered
Persons over 18 may talk on an earpiece, headphone, or wrist device
Persons over 18 may use one button on a device to initiate or terminate a voice communication

A violation of this law is a Class C misdemeanor, which is a criminal charge (not just a civil infraction like a speeding ticket). In addition to a conviction going on your criminal record, you can also be subject to a $50 fine (or $100 for a third or subsequent offense, or $200 in a work zone or school zone).

If you’ve received a citation under this law, contact one of the experienced texting and driving lawyers at Raybin & Weissman for a consultation.