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Port: North Dakota Supreme Court overturns drug charges because driver was playing music on his phone not texting

Forum file photo of a female driving car and using mobile phone, selective focus

In the State of North Dakota it is illegal to communicate via text (including things like emailing, texting, tweeting, etc.) while driving.

The law does ban any use of an electronic device by minors under the age of 18 (that’s section 39-08-24 of the code), but if you ‘re over 18 you can look at your phone to dial a number or pick out a song on Spotify.

That distinction became an issue in a recent case before the North Dakota Supreme Court involving relatively minor drug charges. In North Dakota vs. Morsette, the defendant Travis James Morsette was charged with possession of a controlled substance and unlawful possession of drug paraphernalia.

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