Cell Phone and Screen Device Tickets in Alaska: Hands-Free Laws, Fines, and Exceptions

Distracted driving is one of the leading causes of motor vehicle accidents nationwide, and Alaska has responded by implementing some of the strictest screen device laws in the country. While many states only ban texting, Alaska law restricts virtually all active use of a screen device while operating a motor vehicle. Whether you are navigating the icy roads of Fairbanks, commuting through Anchorage, or driving a commercial rig in Juneau, interacting with your phone can lead to an aggressive traffic citation.

Fighting a distracted driving ticket requires proving that you fell within one of the state's narrow legal exceptions. Because a conviction can add points to your driving record and cause your insurance premiums to skyrocket, we highly recommend browsing our US Attorney Directory to find a local Alaska traffic defense lawyer. A skilled attorney can review the evidence, negotiate with prosecutors, and help protect your driving privileges.

Understanding Alaska's Distracted Driving Laws

The state legislature has heavily modified the laws over the years. What was once considered a criminal misdemeanor is now technically an infraction, but the financial and administrative penalties remain incredibly steep.

Texting vs. GPS Use on Dash Mounts

Under Alaska Stat. § 28.35.161, it is illegal to read or type a text message, email, or any other digital communication while driving. However, the law specifically draws a line when it comes to navigation. You are generally allowed to use a GPS or mapping application, provided the device is mounted to the dashboard or windshield, and you are not holding the device in your hand. An officer can still cite you if you are swerving while aggressively typing an address into your mounted GPS, as that still constitutes distracted driving.

Rules for CDL vs. Standard Drivers

Commercial Driver's License (CDL) holders are held to a much higher standard. If you are driving a semi-truck or a commercial passenger vehicle, federal regulations issued by the FMCSA stack on top of state laws, including strict prohibitions against texting under 49 C.F.R. § 392.80. For CDL drivers, simply holding a mobile device to make a phone call-even if not texting-is strictly prohibited under 49 C.F.R. § 392.82. A conviction for a screen violation in a commercial vehicle can lead to a temporary or permanent suspension of your commercial driving privileges, effectively destroying your livelihood.

Exemptions for Emergency Responders

The law provides specific exemptions for certain professionals acting in the line of duty. Police officers, firefighters, and emergency medical technicians (EMTs) are legally permitted to use screen devices, such as dispatch computers or radios, while driving. Additionally, standard drivers are permitted to use a cell phone to contact the Anchorage Police Department, Anchorage or 911 in the event of a genuine emergency.

Step-by-Step Process in Alaska: Cited at a Red Light in Anchorage

Many drivers are shocked when an officer taps on their window while they are completely stopped at a traffic light. Here is what to do if you face this exact scenario.

• Step 1: Understand the Statutory Elements. Patrol officers often ticket drivers at red lights or in heavy traffic, but the express language of Alaska Stat. § 28.35.161(a) requires that the screen device be operated or that nonvoice messaging occur while the vehicle is actively in motion and while the person is driving. Establishing that your vehicle was completely stationary at a red light is a primary substantive legal defense to contest and potentially dismiss the citation in court.
• Step 2: Exercise Your Right to Silence. Be polite and provide your license and registration, but do not admit to texting. Do not say, "I was just checking a quick email." Admissions of guilt on body-cam footage will destroy your defense in court.
• Step 3: Request a Hearing. Do not simply pay the ticket online, as this equals an automatic guilty plea. Check the box on the back of your citation (Form 12-213AUC, Alaska, Alaska Court System, Alaska Uniform Citation) to request a hearing at the Alaska District Court, Anchorage and mail it in before the 30-day deadline.
• Step 4: Gather Evidence with Your Lawyer. Your attorney can subpoena your cellular data records or dashcam footage to prove that you were actually using voice-to-text navigation rather than manually typing, potentially getting the ticket reduced or dismissed.

How Much Are the Fines in Alaska?

Fines for distracted driving are significantly higher than standard speeding tickets. Repeated offenses within a short timeframe can also lead to license suspension by the DMV.

How Long Does the Process Take?

When you receive a citation, you have exactly 30 days to respond to the court. If you request a trial, the court will typically schedule your hearing within 2 to 4 months, depending on the current backlog at the local district court. If you are convicted, the points will generally remain on your driving record with the Alaska Division of Motor Vehicles, Anchorage for up to three years before they expire.

Frequently Asked Questions (FAQ)