DRIVERS who ignore and disregard a new hands-free law that has come into force would be doing so at their own peril, lawyers say.
Legal experts have warned how the penalties will progressively get more severe and could be potentially as strong as driving under the influence.
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On June 5, a law banning drivers in Pennsylvania from using their devices while behind the wheel – even at stop signs – came into force.
Drivers have a 12-month grace period as financial penalties will not be issued.
But from June 2026, fines will start at $50 and drivers risk being hit with extra fees.
Justin McShane, a criminal defense lawyer in the state, has warned the law shouldn’t be taken lightly despite the leniency of the financial penalties.
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“You disregard this law at your own peril – not just from road safety point view, but from legal and jeopardy point of view,” he told The U.S. Sun.
“In the next three years, the penalty is going to be more and more.
“I suspect there will be increased penalties that might even come near to par what DUI is.
“Laws in Pennsylvania usually start with small fines and they become progressively worse.”
Having relatively low penalties when any potential legislation is introduced can help gain the support of different interest groups.
The more support a bill has before becoming law gives it weight.
“This is a baby step in tightening the penalties and the law itself,” McShane said.
“The only way you get a law in the books is by a minimalist law before eventually expanding it, making it tougher.
“Laws get tougher and tougher over the years as far as penalties. They rarely get less.”
In Pennsylvania, there are several tiers for driving under the influence offenses.
What defines ‘distracted driving’?
Distracted driving claims lives every year nationwide, and it’s 100% preventable
However, many drivers assume that distracted driving is limited to using their phone while behind the wheel.
While using a phone to text, call, send emails, scroll through or post to social media, and make or accept video calls is illegal nationwide, other behaviors can be just as distracting – and dangerous.
Other behaviors that distract drivers:
- Adjusting the radio or GPS
- Applying makeup in visor mirrors
- Eating and drinking, as it takes one or both hands from the wheel
- Reaching into the backseat to grab personal items
- Rummaging through a purse, glove box, or center console
Thankfully, driving distracted can be prevented. Here are some proven tactics to stay focused:
- Put your phone in “Do Not Disturb” or “Driving Mode,” as it temporarily pauses notifications, but will push a call or text through if urgent
- If distraction is difficult to avoid, put the phone in a safe place, like a purse, glove box, center console, or back seat
- If a text message or call needs to be sent or made, pull over and park
- Give the phone to a passenger when applicable to send a text or make a call
- Be a role model – practicing safe driving in front of impressionable passengers helps pass along safe behaviors
Source: National Highway Traffic Safety Administration, Connecticut Department of Transportation
The classification of DUI penalties depend on a person’s blood alcohol concentration.
A driver who has a BAC of .08 to .099% and no previous convictions risks a fine of up to $300.
They may be issued with a penalty of six months probation and forced to install an ignition locking device.
Drivers who are penalized in this category might be forced to attend an alcohol highway safety school.
But, a driver who has no convictions on their record and recorded a BAC reading of more than .16% risk a penalty of up to $5,000.
And, they could face a license suspension of up to 12 months and a fine ranging from $1,000 to $5,000.
The legislation was named in honor of Paul Miller – a college senior, 21, who was killed by a distracted driver in 2010.
It has been welcomed by Miller’s family, law enforcement, and politicians.
“Twelve years of hard fighting, and we finally got it,” Miller’s mom Eileen said.
She recalled how she told her son she would fight for a change in the law before leaving him in the morgue.
“I know that this piece of legislation is going to save lives, and that was most important thing,” she said.
She refused to describe distracted driving as accidental.
“These are not accidents,” she said.
“An accident is where a deer runs out in front of your car.”
Hospital workers are urging drivers to follow the new rules.
Twelve years of hard fighting, and we finally got it,
Eileen Miller
“I see what happens when you are a distracted driver and have an accident,” Jeanette Swabley told WTAJ-TV.
“It takes five seconds to crash and it’s a split hot second.”
Learner driver Aubree Bloom also believes the law is a welcome step forward as she navigates the roads.
Trooper Anthony Petroski said crashes happen because drivers are not paying attention.
“Every day, troopers respond to crashes that could have been prevented.”
Pennsylvania is not the only state that has introduced distracted driving legislation.
Laws banning drivers from using their phones in West Virginia and Maryland are in place.
And, from August 1, cops in Louisiana will start enforcing the state’s distracted driving law.
Similarly, drivers will be banned from using their cellphones behind the wheel.
Fines won’t be issued immediately as there’s a grace period until the start of 2026.
But, offenders could be slapped with $100 fines from January 1 next year.
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