Driving while using a cell phone or electronic device is very dangerous. It’s a major reason for distracted driving accidents. To prevent this, many states have hands-free laws. These laws don’t allow drivers to hold or operate devices while driving. Breaking these laws can lead to tickets and fines. But do hands-free tickets go on your driving record?
This article looks at what happens if you get a hands-free ticket. It covers whether the ticket impacts your driving record and insurance rates. It also shares ways to avoid or fight these violations. You’ll learn about key things to know in different states. Plus, you’ll find tips for safe driving.
What is a Hands-Free Ticket?
A hands-free ticket, also known as a distracted driving or cell phone violation, is issued when a driver is caught using a handheld electronic device while operating a vehicle. Specific behaviors that can lead to these tickets vary by state but generally include:
- Holding a phone or tablet to make calls
- Texting or sending electronic messages
- Browsing the internet or using apps
- Watching videos or taking photos/videos
Many states have implemented hands-free laws that require drivers to use voice commands, dashboard mounts, Bluetooth connections, or other hands-free modes when utilizing phones or devices behind the wheel.
Consequences of a Hands-Free Ticket
The penalties for violating hands-free laws can be quite severe. Fines range from $20 for a first offense in some states to over $200 in others. Repeat violations often carry steeper fines and can even lead to license suspension in certain cases.
Beyond the immediate financial penalties, a hands-free ticket may also impact your driving record and auto insurance rates, though the degree of this impact varies based on location.
Does a Hands-Free Ticket Affect Your Driving Record?
Whether a hands-free violation appears on your official driving record depends on the state where you received the ticket and its specific laws. Some states treat these tickets as minor offenses that do not get reported, while others consider them moving violations that go on your permanent record.
State-by-State Overview
To illustrate the differences:
- California: Hands-free tickets do not result in points on your license but will appear on your driving record for 36 months, which can impact insurance rates.
- Texas: These violations are reported to the state’s Department of Public Safety and will show up on driving records.
- Minnesota: A first hands-free offense results in a $50 fine appearing on records, with subsequent violations incurring higher fines.
- Tennessee: Hand-held cell phone use while driving is considered a moving violation that goes on driving records and can lead to license suspension with repeated offenses.
Many other states, such as New York, Illinois, and Colorado, also treat hands-free violations as moving violations that get reported to driving records.
First-Time vs. Repeat Offenses
For some states, whether a hands-free ticket impacts your driving record may depend on if it’s a first offense or a repeated violation within a certain timeframe. First-time offenses are often considered non-moving violations that won’t be reported, while subsequent tickets go on your record.
It’s crucial to check your specific state’s laws, as the rules around hands-free violations and their impact on driving records can vary significantly.
Other Factors
Beyond location and number of offenses, factors like the severity of the violation may also influence if it gets reported. For instance, a hands-free ticket combined with additional charges like reckless driving is more likely to appear on records.
How Long Does a Hands-Free Ticket Stay on Your Record?
If a hands-free violation does go on your driving record in your state, it typically remains for a set period, often 2-5 years depending on the location. During this time, it can potentially affect your auto insurance rates.
Some states automatically remove the violation after the designated period if no further offenses occur. Others may require specific steps, like attending a defensive driving course, to have violations expunged from your record early.
Fighting a Hands-Free Ticket
If you believe you were wrongfully issued a hands-free ticket or want to avoid potential increases to your insurance premiums, you may have options to contest the violation:
1. Request a hearing: Most states allow you to request an administrative hearing or court date to present your case and evidence before a judge.
2. Hire a traffic lawyer: An experienced traffic attorney can advise you on viable defenses and effectively represent you in fighting the ticket.
Potential defenses for hands-free tickets include:
- You were using a legal hands-free device properly
- The officer made a mistake in identifying your actions
- You were making an emergency call
- There were extenuating circumstances
3. Consider a plea bargain: If convincing evidence exists, you may be able to negotiate with prosecutors to have the charges reduced or amended to a non-moving violation that won’t impact your record.
While fighting a hands-free ticket can be time-consuming, it may be worth pursuing if it prevents long-term increases to your insurance costs.
Reducing the Impact of a Hands-Free Ticket
If you opt not to fight the ticket or are unsuccessful in getting it dismissed, you may have some options to lessen its effects:
1. Traffic school: Some jurisdictions allow you to attend defensive driving school to keep the violation off your record or earn a reduction in fines.
2. Deferred disposition: This allows you to keep a clean record if you don’t receive further violations for a set period after paying fines.
3. Mitigation: When facing a violation that will go on your record, present evidence of safe driving habits to try negotiating for lower fines or restricted reporting to insurance.
Be sure to clarify what options may be available based on your state and county laws regarding hands-free violations.
Tips for Avoiding Hands-Free Tickets
The best way to steer clear of hands-free tickets and their potential consequences is to eliminate all handheld device use behind the wheel.
- Use voice commands: Set up voice-controlled operation of your phone’s calling, texting, music, and navigation features.
- Mount devices properly: Securely mount phones or tablets to your dashboard or other fixed locations approved in your state’s laws to enable hands-free use.
- Utilize car integration: Many modern vehicles integrate with smartphones to enable hands-free calling, messaging, music control, and other features through the car’s interface.
- Disable notifications: Turn off call, text, and app notifications to avoid distractions when driving. Only enable hands-free systems when actively using them.
- Pull over to use devices: If you need to look at directions, respond to messages, or access information that requires more than quick voice commands, safely pull over and park before using devices manually.
Following hands-free laws isn’t just about avoiding fines – it’s a crucial step in keeping yourself and others safe on the roads.
Are Hands-Free Devices Completely Safe?
While hands-free laws allow the use of phones and devices through voice commands, car integration systems, and proper mounting, you should still exercise caution. Any interaction that takes your attention away from the road can pose risks.
Research indicates that cognitive distractions like having a phone conversation can be just as detrimental to driver focus and reaction times as physically holding a phone. Voices on the other end, including through hands-free systems, can pull your mind away from the driving task.
To maximize safety, keep these tips in mind even when going hands-free:
- Avoid complex conversations or multi-tasking
- Keep voice interactions brief when possible
- Pull over if a conversation becomes heated or overly distracting
- Focus fully on driving in hazardous conditions like bad weather
Being a responsible driver means minimizing all potential distractions, including limiting hands-free device use to essential tasks that require brief engagement. Driving deserves your full attention.
Ending Thoughts
Whether a hands-free ticket goes on your driving record ultimately depends on the specific laws in your state. In some areas, it is treated as a minor offense, while in others it is considered a moving violation that can lead to points on your license and higher insurance rates, especially for repeat offenses.
If you do receive a hands-free ticket that has the potential to impact your record, explore options for contesting it through hearings or negotiations, or look into defensive driving courses that could prevent it from being reported.
Most importantly, commit to safe driving habits by enabling hands-free modes whenever you need to use devices and avoiding manual use behind the wheel. A few simple precautions can help you steer clear of hands-free violations and keep you and others safe on the roads.
