HUNTSVILLE, Ala. — You may recall, Huntsville's new hands-free ordinance went into effect the first of this year. The new ordinance means if you are caught using your phone while driving, you will get a warning. But as of July 1st, those warnings will run out. You'll then get a ticket.
Huntsville City Council President David Little said the main changes to the hand free ordinance in January was the offense for holding a phone in your hand while driving. The District 2 Representative explained that they want to educate the community. "You know, we want to educate the community, let them know that, hey, this is something that could be, you know, ticket-able offense one day. A lot of people know we already had a no texting ordinance. It was a secondary offense. The new one makes holding a phone in your hand a primary offense. So, people need to use headphones, phones or a speaker phone or the Bluetooth in their car if they have it, if they need to talk on the phone."
Under the new law, it is illegal to do any of the following while operating a motor vehicle:
- Use a wireless telecommunications device to write, send, read or otherwise engage in any text-based communication;
- Watch, record or capture photo or video;
- Engage in voice-based communication while holding a wireless telecommunications device; or
- Physically hold or otherwise support a wireless telecommunications device with any part of their body.
Little shared that police departments had some in-service training on how to enforce this ordinance. "They are or will be pulling people over for having a phone in their hand and up in through the end of June it'll be a warning. And they actually have some palm cards they can have they can give to people. This explains the changes."
When the six-month grace period is over, drivers who violate the hands-free law may receive a citation issued by a Huntsville Police officer. The following fines will apply during a 24-month period:
- $50 for a first conviction;
- $100 for a second conviction; and
- $150 for a third conviction and/or community service
The ordinance was also amended that law enforcement can't use the phone as a reason to establish probable cause for other violations, or search a vehicle, driver, or passenger just because of the phone violation. "But, if somebody gets pulled over for having a phone in their hand and their seatbelt not on, or the police officer smells alcohol or they smell drugs or see drug paraphernalia, well then that is a whole new ballgame. So there now, that is the probable cause for those offenses."