Cell Phone Use Laws

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

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?

What follows is a list of generally applicable cell phone use laws, please check your state’s regulations or consult with an attorney to verify what the exact law is in your state.
 

Bans on Handheld Cell Phones

Some states ban the use of handheld cell phones while driving and except for Maryland, these laws are “primary enforcement” meaning a police officer may issue a citation to a driver without the any additional traffic offenses occurring. As of 6/8/10 these states include:

Bans on All Cell Phone Use

Not one of the states bans all cell phone use for all drivers, but some ban all cell phone use for specific drivers: i.e. Novice drivers and/or School Bus Drivers

 

*In Michigan, teens with probationary licenses whose cell phone usage contributes to a traffic crash or ticket may not use a cell phone while driving.

 

Text Messaging Bans

 

Text messaging is also seen as a major distraction to drivers and as such many states have enacted partial or even complete bans on texting while driving. If the ban is a primary one, a police officer can issue a citation even in the absence of some other traffic violation. If the ban is a secondary one, another traffic violation must have been committed in conjunction with the texting in order for a police officer to issue a citation.

 

State
	All Drivers	School Bus Drivers	Novice Drivers
Alabama			16, and 17 wtih intermediate license <6 months (Primary)  (eff. 7/10)
Alaska	Yes (Primary)	Covered under all driver ban
Arkansas	Yes (Primary)	Covered under all driver ban
California	Yes (Primary)	Covered under all driver ban
Colorado	Yes (Primary)	Covered under all driver ban
Connecticut	Yes (Primary)	Covered under all driver ban
Delaware			Learner's permit and intermediate license holders (Primary)
D.C.	Yes (Primary)	Covered under all driver ban
Georgia	Yes (Primary) (eff. 7/10)	Covered under all driver ban
Guam	Yes (Primary)	Covered under all driver ban
Illinois	Yes (Primary)	Covered under all driver ban
Indiana			<18 (Primary)
Iowa	Yes (Secondary) (eff. 7/10)	Covered under all driver ban
Kansas	Yes (Primary) (eff. 1/11)	Covered under all driver ban
Kentuck	Yes (Primary) (eff. 7/13/10)	Covered under all driver ban
Louisiana	Yes (Secondary)	Covered under all driver ban
Maine			<18 (Primary)
Maryland	Yes (Primary)	Covered under all driver ban
Michigan	Yes (Primary) (eff. 7/10)	Covered under all driver ban
Minnesota	Yes (Primary)	Covered under all driver ban
Mississippi			Learner or Provisional License (Primary)
Missouri			<21 (Primary)
Nebraska	Yes (Secondary) (eff. 7/10)	Covered under all driver ban
New Hampshire	Yes (Primary)	Covered under all driver ban
New Jersey	Yes (Primary)	Covered under all driver ban
New York	Yes (Secondary)	Covered under all driver ban
North Carolina	Yes (Primary)	Covered under all driver ban
Oklahoma		Yes (Primary) (eff. 11/10)
Oregon	Yes (Primary)	Covered under all driver ban
Rhode Island	Yes (Primary)	Covered under all driver ban
Tennessee	Yes (Primary)	Covered under all driver ban
Texas		Yes, w/ passenger<17 (Primary)	Intermediate Stage, 1st 12 mos. (Primary)
Utah	Yes (Primary)	Covered under all driver ban
Vermont	Yes (Primary)	Covered under all driver ban
Virginia	Yes (Secondary)	Covered under all driver ban (Primary)	Covered under all driver ban
Washington	Yes (Primary)	Covered under all driver ban
West Virginia			Learner or Intermediate Stage (Primary)
Wisconsin	Yes (Primary) (eff. 12/10)	Covered under all driver ban
Wyoming	Yes (Primary) (eff. 7/10)	Covered under all driver ban

 

 

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.

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