New hands-free driving law takes effect June 30, 2023

Just in time for the massive July 4^th exodus, Michigan became the 26^th state to pass a “hands-free” driving law, banning use of any mobile electronic devices while driving. Michigan’s restriction on texting and driving has been in effect since 2010, but the new law severely cracks down on what is allowed.

Public Act 41 or 2023 is effective June 30, 2023, and amends current statute MCL 257.602b. While the law is referred to as “hands-free,” it also prohibits drivers from “physically support[ing a mobile electronic device] with any part of the hands, arms, or shoulders.” You cannot make or answer a call, send or read a text message or email, view, record, or send a video, post, read or access any social media, or peruse the world wide web whilst driving. If you must grab your device, you must remain “in a seated driving position, restrained by a seat belt.”

Exceptions to the rule for us ordinary folk include calling or texting 911, and making an emergency call to health care providers, the fire department or law enforcement. Emergency personnel (police, firefighters, EMT, volunteer first responders) and public utility employees and contractors are exempt from the law if their actions are “during the performance of that individual’s official duties…[or they are] acting within the scope that that individual’s employment when responding to a public utility emergency.”

You can continue to utilize your vehicle’s hands-free/voice activated systems, but anything beyond a single touch is against the law, including when stopped at a red light or jammed up in traffic. If you are legally parked, go ahead and chat, text, and post all you want.   Depending on how many times you violate the law, fines range from $100 up to $500, and community service can be tacked on anywhere from 16 to 48 hours. If you are a real fan of danger and end up with three violations in three years, you will have the privilege of taking a driving course. Fines are doubled if you cause a crash while using a mobile device.

Considering how attached most of us our to our phones and tablets, this law will likely result in quite a few traffic stops. Michigan roads are bad enough, and this law helps ensure your only distractions are dodging potholes.

Appreciating FOC Approval

For family law attorneys, there are few things more frustrating than reaching a settlement, collecting signatures (which can take forever), submitting the order to the Friend of the Court for approval, and getting a big, fat denial. You’ve got to redraft, revise, renegotiate, resign, re-everything so you can obtain that golden seal of approval.

Okay, so it’s not that dramatic but it sure can feel that way when you are in the domestic trenches. MCR 3.211(G) states that the court “may require that the judgment or order be submitted to the friend of the court for review to determine that it contains the provisions required by subrules (C), (D), (E), and (F).” Those subrules detail the mandated language for judgments and orders that contain custody and support terms and spell out what forms the FOC needs for the file.

Local administrative orders can also provide court requirements, including FOC approval. While you may think the process isn’t necessary, or it’s overly cumbersome, it is vitally important to the processing of your orders.

The FOC processes and enforces your various family law orders, so if things are missing or incorrect, the ability to do so drastically decreases. When a FOC attorney reviews the proposed order, he or she can spot any errors and request corrections before the judge signs off. They often consult other departments to ensure it meets their requirements as well.

If mandated provisions are excluded, or if the order contains language that is not appropriate, the judge may refuse to sign it. Once an order is entered and a FOC worker begins to process it, any existing errors may require the parties to submit an amended order correcting the problem. Among other things, it can delay the modification or commencement of support, which is a huge financial headache for the parties. It costs more time, and potentially money if the parties are using attorneys, to rectify the situation. Most importantly, laws and court rules help protect your rights, and without them, you and your family could suffer unintended consequences.

Finality is critical in helping people move on, and the ability to efficiently process court orders from start to finish helps accomplish that finality quickly. The next time you submit orders for approval, remember that the Friend of the Court wants the orders to be approved as much as you do.