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JESSICA A. FOLEY, ESQ.

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    859 Willard Street, Suite 400

    Quincy, MA 02169

    Phone: 617-934-0272

    Fax: (866) 784-9527

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September 27, 2008

It's still legal to use handheld phones and text while driving in Massachusetts!

The good part about the cell phone ban (hand held use) while driving been jurisdictional in the towns and cities that make up the Commonwealth, is that you can still technically chat and text away to your heart's content while driving.  (Note: this is not true for school bus drivers, they will be stopped and cited).  


Does this mean it's a good idea to text and drive?  With the development of technology to the point that many of us have phones that double as mini-computers.  (I myself love my iPhone)  That being said, if I find myself making a conscious effort to only use the phone as a phone with my headset while driving.  It's not easy!  I sometimes find myself putting my phone away - and try to avoid the attempt to catch up with friends or conduct business on my commute or driving from court house to court house.  

It's also legal to smoke, but that doesn't mean it is a good idea!  I wrote awhile back about the new Massachusetts proposed legislation, but up until now, it is stalled.  For more information see: 



For now we can use our common sense when using our phones, and not have to worry about the local and state police using cell phone use as a pretext for pulling us over.


If you have been stopped in Massachusetts for a driving offense, either civil or criminal, you will need a lawyer to represent you, please contact me by filling out this form, or at 617-934-0272.  I look forward to speaking with you.

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