Can You Get a Ticket for Holding Your Phone and Driving?

An increasing number of states are implementing laws that make it illegal to use a cell phone while driving. So, you may wonder if you can receive a ticket for simply holding your phone while driving. The answer is: it depends.

The laws vary by state. For example, in California, it is always illegal to hold a phone for any reason while driving. However, in Florida, it is illegal to text and drive, but it is classified as a secondary offense. So, you can’t be pulled over for simply holding your phone. You would need to be breaking some other law such as speeding to be issued a ticket for texting and driving.

California and Other Hands-Free States

Several states have hands-free laws that make it illegal to manually operate a phone while driving. In these states, law enforcement officials can pull you over for simply having a phone in your hand. If you find yourself in this situation, you may need to look for traffic ticket fixers. These tickets can become quite expensive, especially for repeat offenses.

Many states with laws like these have implemented them to close loopholes in earlier laws. For example, in California, it was formerly illegal to text and drive but not to operate a phone GPS. So, many drivers would simply say they were using the GPS if they got pulled over.

Other Laws

In a few states, such as South Carolina and Wyoming, driving and using a phone is largely not illegal. However, you may still receive a ticket if using your phone causes you to swerve or drive dangerously.

Some states have a ban on texting but not other uses. Others ban all use but only as a secondary offense. In short, the laws vary by state. To be completely safe, it is best not to touch your phone while driving.

What To Do If You Get a Ticket

As with all traffic tickets, cell phone tickets can be fought and dismissed. If you’re in the Bay Area, try the best ticket lawyer San Francisco has to offer. You can avoid expensive fines and keep the ticket off your record.