Michigan’s updated distracted driving law leading to thousands of tickets, slow changes in driver behavior

Whitmer signs distracted driving bill

Michigan expanded its ban on cell phone use while driving to include all actions on a personal electronic device.

(FOX 2) - When it comes to distracted driving, the sheriff of Oakland County has seen it all.

Mike Bouchard has seen drivers with every kind of dipping sauce open in their seat. He remembers ticketing one driver who was putting on makeup while driving 50 mph. And with all the bells and whistles built into new vehicles, he fully expects drivers to find new ways to focus on other things that aren't on the road.

But with enough time and awareness, he expects rates of distracted driving involving cell phones to go down with the passage of Michigan's new hands-free driving law.

"I think most people are aware of the law, they're just still in the old behavior," Bouchard said. "I've personally given out a lot of warnings, trying to get people to come to the safer reality of leaving the phone down while you're in the car."

Before the amended hands-free driving law was enacted, the sheriff said the old version was "completely unenforceable" and came with many exemptions that made it nearly impossible to prove someone was illegally using their phone while driving. It would require subpoenaing the device before police could cite a driver – and that was never done, he added.

But the new law, which went into effect on June 30 this year, represents a "pretty big shift" for Michigan drivers, according to Bouchard.

"Now it just says, no device in your hand. No ambiguity, even when stopped at a red light, at any time, you can't have a device in your hand," he said.

Mike Shaw, a first lieutenant with Michigan State Police in metro Detroit, echoed the sentiment.

"The old law was pretty much worthless," he said. "What this does is takes the phone out of the driver's hand."

The new rule outlaws any device usage while the car is on. Whether that's answering a phone call, sending a text, recording a video, or browsing the internet. Even plugging information into a GPS or navigation system while the car is on is against the law.

A violation comes with a fine which increases with each additional offense.

Even with five months of data, it may be too soon to measure if the law is working. Changing driver behavior can take time and police may be more lenient while enforcing it. Shaw said whenever he pulls over someone for using a device, he may issue a verbal warning if the driver seems unsure about the law.

But if they deny breaking the law, then he'll be handing out a ticket.

"Drivers already know. It's the pattern of policing that helps establish the law's effectiveness," he said.

FOX 2 requested data on the number of distracted driving tickets that deputies at the Macomb, Wayne, and Oakland County sheriffs' offices had given under the new hands free driving law.

Oakland County deputies issued 1,035 citations for 21 different violations relating to mobile/electronic devices used in both commercial and passenger vehicles between June 30 and Dec. 1.

In Macomb County, deputies have issued 452 distracted driving citations since July 1. A spokesperson for the Macomb County Sheriff's Office said they did not specify what drivers were distracted by when they were ticketed.

In Wayne County, the sheriff's office provided data when it participated in a special distracted driving enforcement period from Sept. 1-17, leading to 118 traffic stops and 94 citations.

"Our officers have noticed a reduction in distracted driving and more people are using hands free than before," Wayne County Sheriff Raphael Washington said in a statement. "While there are still violators of this new law, the thought is that it will take some time and continuous enforcement for there to be a lasting effect."

FOX 2 also submitted a Freedom of Information Act request to Michigan State Police for the number of tickets troopers had issued on highways in the tri-county area. Filings from MSP found 245 citations had been issued between July 1 and Nov. 29:

109 in Oakland County
106 in Wayne County
28 in Macomb County

Eleven of those tickets were issued during a traffic accident while four were given to commercial vehicle drivers.

The director of Michigan's Office of Highway Safety Planning (OHSP) said it'll take consistent enforcement, messaging, and about a year of data before they might see improvement in driver behavior.

"What's important is to reinforce the message that it's illegal, that drivers can be pulled over and ticketed with fines," said Katie Bower. "You can't just change the law and set it and forget it. You need to change the law and continue taking action, whether it's law enforcement doing special activities or getting the message out through the media and advertisements."

Beyond just enforcement, Bower said behavior can change through imprinting – such as kids seeing their parents not using their phone while driving, or teens calling out their friends about their behavior.

"It's a conversation that just can't stop," she said.

According to the OHSP, 26.4% of crashes in 2022 were due to distracted driving because of a device like a phone, navigation tool, or audiobook player. However, that figure is likely a low estimate of the true number of distracted driving crashes caused by a device.

Some insurance companies provide a discount for people who download safe driving apps on their phones. The apps provide more accurate data on device usage while driving. That data, when compared to the number of crashes reported where cell phone use is a contributing factor, is significantly different.

People don't always disclose to police that they were distracted at the time of the crash.

"The problem is bigger than what the statistics are telling us," Bower said.

The OHSP will release the first round of data concerning the law in the late spring/early summer.