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Today you can’t drive around town or on the highway without seeing someone on their cell phone. Distracted driving is a big challenge in Maine and around the country. We, unfortunately, see it all too often in many of our personal injury cases.

In this newsletter, attorney Caleb Gannon shares an important article for drivers to read about how a new law in Maine might make roads a little safer for all of us.

Speaking of being safe, during the summer and fall, we encourage you to please keep an eye out for road bikes and motorcycles. We hear from our clients frequently about the dangerous situations they encounter. At Lipman & Katz, we have attorneys who have represented many clients involved in motorcycle accident cases in Maine.

To our clients, no matter what type of case you might have had, we would love to have you rate our firm. Simply go to www.avvo.com/review-your-lawyer and answer a quick 3-minute survey.

Enjoy fall!

Today’s LawSummer 2017

Recently, Lipman & Katz sponsored the following community events in the Kennebec Valley.

United Way Golf Tournament at Augusta

Country ClubOn August 14, Lipman & Katz was proud to support the 47th Annual United Way of Kennebec County Golf Tournament fundraiser. Attorney Christopher Wright volunteered at the event and helped measure and track results from the longest-drive competition.

The goal of the United Way is to create long-lasting change in our communities

Community Events

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by addressing the underlying causes of the problems and challenges we face in our region.

Fundraiser for Lake Preservation Fund

Attorney Karen Boston and her family, including son Matthew Boston (above), were proud to support the recent Cobbosseecontee Yacht Club concert on Cobbosseecontee Lake. The fundraising event raised $2,400 for the Lake Preservation Fund.

Congrats on a Great Season!

Lipman & Katz was proud to sponsor a 9-10 year-old Little League team and an All-Star team, both from Augusta. The firm also sponsored two youth softball teams this season in Augusta. Above is a photo of the Lipman & Katz

We all know the risks associated with using our cell phones while driving. Far too many motor vehicle accidents can be attributed to the use of cell phones by drivers. Despite that knowledge, we may find ourselves quickly looking at our phones from time to time from behind the wheel. Law enforcement is on the lookout for those so-called “distracted drivers,” so here is what you need to know to stay safe and compliant with the law.

Under current law, there is a complete prohibition for anyone under 18 years of age from to use a mobile telephone or handheld electronic device while operating a motor vehicle. The first infraction will result in a fine of at least $50 and a second or subsequent offense will receive a fine of at least $250. It is a violation of this law to use a cell phone even if the vehicle is stopped in traffic or at a stop sign. To avoid violating this law, the driver should pull the vehicle over to the side of the road and place it in park before picking up their cell phone.

While the law is different for adults, there is still a complete prohibition against texting while driving. Texting means reading or composing such communications, including emails, while operating a motor vehicle. Again, operation includes being stopped in traffic or at a stop sign. A person who violates this law for the first time will receive a fine of not less than $250. That minimum fine amount jumps to $500 for subsequent violations and can also include license suspensions if the second violation occurs within three years of the first violation. It is important to note that this law specifically states that text messaging does not include the use of GPS or other navigation systems.

There may not be a prohibition for adults against the use of cell phones for other purposes such as phone calls or navigation but it would be a violation of the law if an adult driver became distracted by a cell phone. A driver is said to be distracted if he or she is engaged in an activity that is not necessary to operate the vehicle and that activity impairs or could be expected to impair the ability of the driver to operate the vehicle safely. This is a very broad definition and could encompass many other activities drivers sometimes engage in while behind the wheel such as eating or reading. If a person commits a traffic infraction or is involved in an accident while distracted then he or she will be issued a citation for failure to maintain control of a motor vehicle.

In recent years, the Maine Legislature has debated whether to completely ban the use of all cell phones and other similar devices while driving. Just recently, both chambers of the Legislature passed a bill that does just that. If the bill became law it would have prohibited any person from operating a motor vehicle while using a mobile phone or other handheld electronic device. There were important exceptions within the bill. For instance, the bill would have allowed a person to use a cell phone or handheld electronic device so long as the device allowed for hands-free use and that feature was activated.

What You Need to Know About Distracted Drivingby Caleb Gannon

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The bill also had an exception that would have allowed drivers to use their cell phones to communicate with law enforcement or emergency services in the event of an emergency.

The new bill was vetoed by the Governor on August 1, 2017. The next day, both chambers of the Legislature took up the question whether to override the Governor’s veto. The Senate voted to override the Governor’s veto while the votes in the House fell short of the number needed to do so. As a result, the bill did not become law and the “distracted driver” statute continues to be the law in Maine. If Maine had enacted the new bill, it would have joined New Hampshire, Vermont, Connecticut, Rhode Island and about a dozen other states in prohibiting the use of cell phones while driving. These laws are designed to keep our roads safe. Please remember to do your part!

Pros and Cons of Body Camerasby Stephen Smith

With the advent of personal electronics that allow every citizen to carry a video camera and social media in their pocket, police have been confronted with a loss of their monopoly on information.

As a society, we have historically relied on police and their accurate, unbiased reporting as a major basis upon which to decide criminal cases. Beginning most famously with the Rodney King beatings of March 3, 1991, but becoming more and more common, dash cams and cell phone video footage are immediately uploaded to social media showing police officers in various compromising situations or making questionable decisions, and shaking our society’s faith in the objectivity and goodwill of the police.

There is no question that the vast majority of police do their jobs diligently, accurately and well. But, as with any human institution, there will always be bad situations, bad apples and bad decisions.

You can learn more on our website at www.lipmankatz.com/articles/pros-and-cons-police-body-cameras.

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DISCLAIMER: This newsletter is for general information purposes only. It is not intended as advertising, and neither solicits business nor offers legal advice. This material is not intended to be legal advice and individuals should seek out and discuss with an attorney any questions that the material prompts. Due to the rapidly changing nature of the law, information contained in these publications may become outdated. As a result, an attorney or other individual using these materials must always research original sources of authority and update this information to ensure accuracy. In no event will the authors or publisher be liable for any direct, indirect or consequential damages resulting from the use of the materials. Lipman & Katz attorneys do not seek to practice law in any state, territory, or foreign country where they are not authorized to do so. Please direct your comments and questions to email@lipmankatz.com. Please do not send any confidential information to Lipman & Katz through this email address.

Lipman & Katz, Attorneys at Law5 Community Drive, Third Floor, PO Box 1051, Augusta, ME 04332-1051

(207) 622-3711 | Toll free (800) 660-3713 | email@lipmankatz.comwww.lipmankatz.com

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gold softball team. The two softball teams sponsored by Lipman & Katz had a great time this season and received medals at the end of the year for their dedication and participation.

The Little League All-Star team (below) also had a great season and included Matthew Boston, son of attorney Karen Boston.

News & Notes

Congrats to both Colleen Pilsbury, our firm manager, and Michelle Veilleux, our long-time legal assistant, on 25 years at Lipman & Katz. We are very grateful for their hard work and dedication to our clients.

In June, our firm announced that attorney Christopher Wright has become a shareholder. Christopher joined Lipman & Katz in 2013. He draws on his financial background and legal education to assist Lipman & Katz’s senior partners with complex probate concerns, litigation matters and business transactions. A proud Mainer, Chris is excited to work in his home state and help Lipman & Katz’s clients meet their unique legal and business challenges.

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Matthew Boston runs down the first base line during a game this season. Photo courtesy: Linda Blodgett