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New Indiana Cell Phone Law

This month, House Bill 1394, became Indiana law. It prohibits those who are under the age of 21 from using a cellular telephone while driving. See I.C. 9-13-2 et seq. The law governs and provides that an operator’s license issued to an individual who is less than 21 years of age is a probationary license and is now subject to this restriction. Under the old law, the age limit for a probationary license was 18 years of age.

Interestingly, the law does not apply to amateur radio equipment that is being operated by a person licensed as an amateur radio operator. Ind. Code Ann. § 9-13-2-177.3. Instead, the new law bans the use any sort of telecommunication device, arguably including Bluetooth devices; with the exception of when 911 is being called. As partner Scott Barnhart noted in his July 16 twitter post, there might be practical problems with law enforcement officers charged with determining and deciding whether an individual appears to be under twenty-one or younger. See https://twitter.com/scottlbarnhart1. Time will tell whether the application of this law matches the intent of the Legislature.

Contact us today if you have questions or believe your constitutional or criminal rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.