Driving Too Slow and Using GPS On Cell Phone

In a very strange case, the Massachusetts Appeals Court recently upheld the conviction of the driver for negligent driving where he was stopped for driving between 5 and 10 mph in a 30 mile-per-hour zone while holding a cell phone about a foot in front of his face. Aside from driving too slow, there was nothing else wrong with the way he was driving. He did not weave, drift, or strike anything and he pulled over appropriately when stopped. The police officer approached the driver’s window and noticed that the cell phone on the driver’s lap was opened to GPS.

The police officer said that he smelled alcohol. Driver admitted to having 2 beers that evening. The officer testified that the driver was slurring and unsteady on his feet. The officer said that he did not properly perform the field sobriety tests. The driver was arrested and charged with OUI and negligent driving. After a trial, the jury found him not guilty of OUI. However, they found him guilty of negligent driving.  On appeal, the court decided that even though he was found not guilty of OUI, there was enough evidence to find him guilty of negligent driving.

While stating that holding the cell phone while driving to look at the GPS was not against the law, the court said that holding it in front of his face while he was driving was potentially distracting and dangerous. The court also factored in the alcohol, pointing out that after drinking alcohol the driver was driving 20 to 25 miles per hour below the speed limit.

The case is Commonwealth v. Teixeira, decided on May 24, 2019.

Comment.  This appears to be a very weak case of criminally negligent driving.  Driving slowly when you are looking at the GPS on your cell phone sounds reasonable, especially if you are nearing a turn or your destination.  There was no evidence that the driver wasn’t paying attention to his driving.  It is common for the police to charge a driver not only with OUI, but also add the charge of negligent driving.   That makes sense if the driving was erratic or reckless, whether or not the driver was legally drunk. In this case, it led to an unfortunate result.