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Thousands of Md. drivers ticketed for phone use

Friday - 9/30/2011, 3:27pm  ET

By SARAH BRUMFIELD
Associated Press

BALTIMORE - Maryland police agencies have issued thousands of tickets to drivers for using handheld cellphones behind the wheel in the year since a ban took effect.

Records from more than 70 police agencies in the state that participate in the Electronic Traffic Information Exchange were obtained by The Associated Press from state police. The records show 9,248 tickets have been issued to drivers who failed to use a hands-free device since the ban went into effect in October 2010. About 4,764 of those tickets were written by state troopers.

Drivers can be fined $40 for their first violations and $100 for subsequent ones. However, it is a secondary offense, meaning drivers can only be pulled over for another offense, such as running a red light.

"I think it is working pretty well," said the bill's sponsor, state Sen. Norman R. Stone Jr., D-Baltimore County. "It has certainly made people more aware of the safety issues involved. However, I still think it would be more effective if it was a primary offense."

The Maryland Highway Safety Foundation doesn't have a position on whether the violation should be bumped up to a primary offense, but it is worthy of discussion during the upcoming General Assembly session, foundation lobbyist William Kress said.

"The numbers are pretty astounding considering it's a secondary offense," Kress said. "It's a good start, but probably more needs to be done."

Delegate Michael D. Smigiel Sr., R-Cecil, opposed the ban on the grounds that it was too invasive.

"I abhor the fact that someone would take their eyes off the road. It's just wrong. You should pay attention," he said. "But it doesn't make it right for the government to come in to dictate what we should do."

He's also concerned about unforeseen consequences, such as people holding phones out of sight to avoid being pulled over and distracting themselves more, he said. He's in favor of education to show people the risks they are taking.

Data show that 966 warnings and citations have been issued for texting while driving in the same period, including 565 issued by state troopers. Writing and sending text messages was already barred, but starting Saturday it will be illegal to read texts behind the wheel, too. The violation will also become a primary offense, meaning officers can stop drivers for violating the ban.

Allowing the handheld phone violation as a secondary offense is only a prelude to making it a primary offense, Smigiel said.

"Once the government gets in your car or your home, the government intrusion doesn't stop until the government is completely in your home," he said.


(Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)