Cell Phone Use Laws Lawyers

Is it Illegal to Use a Cell Phone While Driving?

There is no nationwide federal law against cell phone usage while driving, but each state is free to pass its own cell phone laws.  Accordingly, there are currently 3 states (as well as the District of Columbia) that completely ban all hand-held cell phones while driving (Connecticut, New York, and New Jersey).  Other states have different laws varying by county.

However, except for public transport (like bus or taxi drivers), laws banning cell phones while driving usually apply only to hand-held cell phones, and not to hands-free cell phone headsets (despite the recent evidence that there is no discernible difference in the accident rate between the two).  Also, every cell phone ban also has exceptions for using a cell phone in an emergency (medical, police, etc...). 

What are Some State Laws on Cell Phone Use While Driving?

Total Bans

• CONNECTICUT - Bans the use of hand-held cell phones while driving. Drivers under the age of 18 and school bus drivers are banned from all cell phone use while driving
  
• NEW JERSEY - Bans the use of hand-held cell phones while driving, and all cell phones for learners permit holders and bus drivers.
  
• NEW YORK - Bans the use of hand-held cell phones while driving. Taxicab drivers can't use any kind of cell phones while driving in New York City.
  
• WASHINGTON D.C. - Bans the use of hand-held cell phones while driving, and all cell phones for all minors (under 18) and school bus drivers.
  

Partial Bans

• ILLINOIS - Drivers who use hands free cell-phone headsets must be able to hear out of at least one ear at all times.  Chicago bans the use of hand-held cell phones while driving.
  
• CALIFORNIA - Rental cars with cellular phone equipment must include written operating instructions concerning its safe use.
  
• MASSACHUSETTS - Drivers must have at least one hand on the steering wheel at all times, and can not be "distracted" by cell phone use (but use is permissible).  Drivers must use hands-free devices in Brookline.
  
• NEW MEXICO - Drivers must use hands-free devices in Santa Fe. Police officers are prohibited from using any cell phones while driving in cruisers.
  
• OHIO - Jurisdictional:  Drivers must use hands-free devices in the Brooklyn.
  
• PENNSYLVANIA - Jurisdictional:  Drivers must use hands-free devices in the towns of various towns throughout the state.
  
• COLORADO - Bans the use of cell phones by learners permit holders.
  
• DELAWARE - Bans the use of cell phones by learners permit holders and bus drivers.
  
• TENNESSEE - Bans the use of cell phones by learners permit holders and bus drivers. 
  
• MAINE - Bans the use of cell phones by learners permit holders, or anyone under 18 with license restrictions.
  
• FLORIDA - Drivers who use hands free cell-phone headsets must be able to hear out of at least one ear at all times.

What are the Punishments for Improper Cell Phone Use?

In most states that have these laws, driving with a cell-phone is a "primary enforcement offense," which means that a police officer can pull you over for this offense alone.  A few states have it as a secondary enforcement offense, which means they can only be enforced when a driver has been stopped for another infraction. 

Generally, the penalty for driving while using a cell-phone is a traffic fine, and the amounts range from $100 to $600.  If you created a dangerous situation with your phone, some states even offer jail time (usually up to 30 days).  

However, police in almost every state will inquire as to cell phone use if you are actually involved in an accident, and the consequences of that can be very extreme.  For example, one man was fined $2,000,000 and sentenced to 6 months in prison for crashing into a truck while talking on a cell-phone and killing two.  Civil and criminal liability for an accident can be greatly increased by using a cell phone while driving, so it is important to know the laws of your state.

Should I Contact a Lawyer?

If you have been involved with any sort of accident involving cell phone use, or cited by the police for improper cell phone use while driving, it is very important to talk to an experienced attorney immediately.   The laws concerning mobile phones are all very new and untested, so that be a lawyer very familiar with the up-to-date laws and regulations of the state will be essential in protecting your rights and getting the remedy you deserve.