Arizona's Hands-Free Law Explained: Fines, Exceptions, and Fighting a Cell Phone Ticket
Arizona strictly prohibits holding an electronic device while driving. Under A.R.S. § 28-914, a first-time distracted driving ticket costs between $75 and $149, while a second or subsequent violation carries a fixed $400 fine, plus an additional $150 penalty if an accident involves a motorcycle.
Taking your eyes off the road for just a few seconds to read a text message can have devastating consequences. To combat distracted driving, Arizona strictly enforces a statewide ban on the physical handling of cell phones and other mobile devices while operating a vehicle. Whether you are commuting in Tucson, running errands in Mesa, or driving cross-country on I-10, law enforcement officers can pull you over specifically for holding your phone.
Understanding the exact rules, acceptable exemptions, and possible penalties is crucial for every driver in the state. If you believe you were unfairly cited or need help keeping points off your driving record, you can browse our US Lawyers Directory to find a skilled local traffic lawyer to review your case.
Understanding Arizona's Hands-Free Law (A.R.S. § 28-914)
The core of the state's distracted driving legislation is found in A.R.S. § 28-914. This law makes it entirely illegal to physically hold or support any standalone electronic device with any part of your body (such as resting it on your shoulder or holding it in your hand) while driving a motor vehicle.
The law covers writing, reading, or sending text messages, scrolling through social media, and watching videos. You are only permitted to use your device if it is in a truly hands-free mode, such as being connected to your car's Bluetooth system, or safely mounted to the dashboard where it requires only a single swipe or tap.
Fine Structures for First vs. Subsequent Offenses
Arizona civil traffic fines are intentionally strict to discourage repeat behavior. Under A.R.S. § 28-914, the penalty structure for using a handheld wireless device while driving includes:
| Offense Level | Base Fine (USD) |
|---|---|
| First Offense | $75 - $149 |
| Second and Subsequent Offenses | $400 |
| Accident Involving a Motorcycle (Additional Surcharge) | Additional $150 |
Under A.R.S. § 28-914(G), a hands-free violation is classified as a civil traffic offense and does not result in demerit points on a standard driver's license. However, if the violation results in an accident involving a motorcycle, the court assesses an additional $150 penalty. Furthermore, if distracted driving causes a crash that results in serious bodily injury or death, the driver can face criminal charges, higher monetary sanctions, and license suspension or revocation.
Smartwatches vs. Mounted GPS Devices
Modern technology blurs the lines of what is considered a "device." If you use a mounted GPS or a phone secured to your dashboard via a magnetic mount, the law generally allows you to initiate or answer a call with a single tap or swipe. However, actively typing a destination address while the car is in motion is a violation.
Smartwatches are generally treated similarly. Glancing at your wrist for navigation or tapping it once to accept a hands-free call is acceptable. However, interacting heavily with the watch face, such as typing a message on the small screen while driving, can still lead to a citation for distracted driving.
Exemptions for Uber/Lyft and Delivery Drivers
Rideshare drivers in Phoenix and food delivery couriers in Tempe rely on their devices to earn a living. The law recognizes this necessity and offers specific exemptions. Drivers can use their dispatch applications and communication devices, provided the device is properly mounted on the dashboard or windshield. A Lyft or Uber driver cannot hold the phone in their hand to accept a ride while driving; it must remain in the mount, and interaction should be limited to single taps.
First Responder Exceptions
The law includes broad exemptions for emergency personnel. Police officers from the Phoenix Police Department, Phoenix, firefighters, and EMS paramedics are completely exempt from the hands-free restrictions while performing their official duties. This allows them to use radios, dispatch computers, and cell phones to coordinate emergency responses safely.
How to Fight a Distracted Driving Citation in Civil Court
If you receive a ticket, you have the right to challenge it in the local court listed on your citation, such as the Phoenix Municipal Court, Phoenix or the Tucson City Court, Tucson. Generally, you can request a civil traffic hearing.
To successfully fight the ticket, you or your attorney may need to present evidence showing you fell under a specific exemption. For example, if you were holding your phone to dial 911 to report a crime or a medical emergency, this is a valid defense under the law. You might also present dashcam footage proving the device was mounted, or phone records demonstrating you were not using the device at the time of the stop.
Frequently Asked Questions (FAQ)
Can I hold my phone while stopped at a red light?
Yes, there is an exception in the law that permits holding your phone while your vehicle is completely stationary at a red light or a prolonged traffic stop. However, you must put it down before the vehicle begins moving again.
Does a cell phone ticket put points on my driving record?
No. Under A.R.S. § 28-914(G), a hands-free violation is a civil traffic infraction and does not result in points against a standard Arizona driver's license, though the civil conviction will be recorded on your driving history. Points are only assessed if the violation is paired with moving violations such as reckless driving.
Can I go to driving school for a hands-free ticket?
Yes. If you have not attended a defensive driving course in the last 12 months for another violation, you may be eligible to take a state-approved class to have the hands-free citation completely dismissed.
Are two-way radios illegal to use now?
The law provides exceptions for specific two-way radios used for commercial purposes or amateur radio operators holding a valid FCC license, meaning truck drivers and HAM radio operators can legally use their hand-held microphones.
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