It's November: Hang Up and Drive, Teens

Muskego Police are reminding motorists, especially ones who just got their 'temps' or their licenses, that the state of Wisconsin has extended the ban on texting and driving. As of November 1, 2012, that ban now includes any type of use of cell phones for persons with instructional permits or probationary licenses.

This means it is illegal for those drivers to use any type of phone for any reason, other than an emergency, while driving. The law applies to parking lots as well as roadways, and it is a primary law, meaning an officer can pull a driver over if they see them using the phone.

Officers investigating crash scenes are trained to ask people if they were using a cell phone while driving. And, if the crash is serious, they’ll ask the driver’s permission to take the phone. If they refuse the request, the officer can obtain a search warrant to get the phone.

That part of the law will not change, which has Muskego Police tempering the effectiveness of the law.

"In concept it is great," said Capt. John La Tour. "However, it doesn't provide us authority to look at the history of the phone without a warrant. All those little nuances will be important as to the effectiveness of the law."

The law provides a fine of $20 to $40 for the first offense and $50 to $100 for the 2nd or subsequent conviction within a year.

"So, my advice to young drivers is to get your calls and text messages out of the way before you hit the road, or wait until you get where you are going, because officers will be watching," said Lt. Dave Constantineau. "Come to think of it, that’s not a bad piece of advice for the rest of us, too."