On July 1, 2015, Indiana law regarding use of cellphones or electronic devices changed dramatically. As an attorney (and the father of a young driver) I wanted to clarify the new law for readers of this blog.
House Bill 1394 (which changed Indiana Code 9-24-11) was passed by the Indiana Legislature and became effective on July 1, 2015. Under the new law, a license issued to an individual less than twenty-one (21) years of age is considered to be a probationary license. The probationary license has a variety of restrictions, however I will only be addressing the use of cellphones/electronic devices (called "telecommunication devices " in the statute) in this blog entry.
Indiana Code 9-24-11-3.3 (b)(4) states that an individual with a probationary license "may not operate a motor vehicle while using a telecommunications device until the indivudual becomes twenty-one (21) years of age unless the telecommunications device is being used to make a 911 emergency call." A violation of this law is a class C infraction. In addition to potential fines and court costs, a driver violating this law can have their driving privileges suspended for up to two (2) years. The Court ordering the suspension may order Specialized Driving Privileges under Indiana Code 9-30-16.
If you have questions regarding probationary licences, license suspensions or Specialized Driving Privileges, please contact me, Gregory A. Miller, a Fort Wayne Criminal Defense Lawyer, at (260) 833-7249.