Legal Question in Criminal Law in Maryland

Friday in MD the law started as to no talking on a cell phone while driving. I was stopped at a stop sign and looked at my phone to see what time it was. Someone from the newspaper took a picture of me looking at my phone. Saturday morning on the front page of the newspaper was my picture with writing under it saying a woman gets ready to make a phone call despite the laws of no talking on cell phones while driving. I was not talking I was looking at the time. Even in the picture you can see I was holding the phone down looking at it. This is so embarrasing for them to do that. I have have numerous calls and been laughed at. Is there not any legal issues involved for what they have made me look like on the front of a newspaper? Thanks Joy Lease


Asked on 10/02/10, 10:06 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

It is unlikely that you would be cited for violating the ban on using a phone while driving, because it is a secondary offense, which means that an officer may only charge you, if the officer has probable cause to cite you for another offense, e.g. failing to stop at a stop sign.

While you might sue the newspaper civilly and argue libel, because you were not in fact on a call or texting, the First Amendment likely protects the photographer's expressing his or her opinion and you were in public. I do not doubt that the calls and comments have been annoying to you. Additionally, in a civil case the plaintiff must prove damages, such as loss of business or employment.

Beware that fora such as lawguru are not confidential, and anyone could read your post. It is not necessary for you to indicate your name.

Read more
Answered on 10/07/10, 10:31 am


Related Questions & Answers

More Criminal Law questions and answers in Maryland