Fighting Cell Phone and Electronic Device Distracted Driving Tickets in Washington State

Introduction to Washington's E-DUI Laws

In 2017, Washington State enacted one of the toughest distracted driving laws in the United States, commonly referred to as the Driving Under the Influence of Electronics (E-DUI) law. Whether you are navigating downtown Seattle, commuting through Bellevue, or driving across the rural stretches of Eastern Washington, law enforcement officers are aggressively ticketing drivers who have a phone in their hand.

Unlike automated camera tickets, an E-DUI citation is a moving violation that goes directly on your driving record, which can cause your auto insurance premiums to skyrocket. Defending against these charges requires a deep understanding of the statutory exemptions. Working with a dedicated traffic attorney from our directory of US Lawyers can help you challenge the officer's observations in court and keep your record clean. Below is a comprehensive guide to understanding and fighting cell phone tickets in Washington.

Step-by-Step Defense Guide Against E-DUI Tickets

The primary statute governing this offense is Wash. Rev. Code § 46.61.672. The law makes it a primary offense to hold a personal electronic device in either hand while operating a motor vehicle. However, the law contains specific, ironclad exemptions that can be used as a defense.

Calling 911 in an Emergency

The most common and effective defense is the emergency exception. The law explicitly states that you are allowed to use a handheld device to contact emergency services. If you were holding your phone to report a drunk driver, a medical emergency, or a severe accident, you have a complete defense. To prove this in a court, such as the King County District Court, Seattle, your lawyer will obtain your official cell phone billing records to demonstrate that an outgoing call to 911 was made at the exact time the officer pulled you over.

Using Two-Way Radios for Utility Workers and First Responders

Commercial drivers and specialized workers often rely on communication devices. Under the statute, the use of two-way radios, citizens band (CB) radios, and amateur radio equipment is exempt. Furthermore, first responders, transit dispatchers, and utility workers operating commercial vehicles can legally use these devices in the scope of their employment. If an officer confused your CB radio microphone for a cell phone, your attorney can present photographs of your vehicle's equipment to the Pierce County District Court, Tacoma to have the citation dismissed. Evidentiary standards in traffic stops, as seen in cases like State v. Arreola, 176 Wash. 2d 284 (WA Supreme Court 2012), require officers to accurately assess the legality of the behavior being observed.

Traffic Jams vs. Pulled Over: When Can You Hold Your Phone?

A major point of confusion for Washington drivers is the definition of 'operating' a vehicle. Under the E-DUI law, you are strictly prohibited from holding your phone while temporarily stopped at a red light, a stop sign, or while stuck in gridlock traffic on I-5. You are only legally permitted to hold your phone if you have pulled your vehicle off the main traveled portion of the roadway (like the shoulder or a parking lot) and the vehicle is safely stopped. If an officer ticketed you while you were legally parked on the shoulder, you can file Form Notice of Infraction, Washington, District Court, Contested Hearing Request to dispute the charge.

Dangerously Distracted Driving

In addition to the strict cell phone law, Washington also has Wash. Rev. Code § 46.61.673, which covers 'Dangerously Distracted Driving.' This is a secondary offense, meaning you can only be cited for it if you were pulled over for something else (like speeding or swerving). It covers distractions like eating a messy burger, applying makeup, or reading a physical book if it causes you to drive unsafely.

How Much Does it Cost in Washington?

The financial impact of an E-DUI extends far beyond the initial fine printed on the ticket.

• First Offense: The standard fine for a first-time violation of using a personal electronic device while driving is at least $145 once mandatory statutory assessments are included.
• Second Offense: If you are caught a second time within five years, the total fine jumps significantly to at least $243.
• Insurance Increases: Because this is a moving violation, the conviction is reported to your insurance company. Depending on your carrier, this can cause your premiums to increase by hundreds of dollars over the next three years.
• Attorney Fees: Hiring a traffic lawyer to fight the ticket usually involves a flat fee ranging from $250 to $500, which is often a smart investment to prevent the insurance hike.

How Long Does the Process Take?

You have 30 days from the date the ticket was personally served (or 33 days if served by mail) to respond to the court. If you mark the box to request a contested hearing and mail it in, the court will typically schedule your hearing within 45 to 90 days. The hearing itself is usually brief, lasting around 10 to 15 minutes. Under Wash. IRLJ 3.3(c), the citing officer is not required to appear in person, and the court may decide the case based solely on the officer's sworn written report unless you subpoena the officer at least seven days before the hearing pursuant to Wash. IRLJ 3.1(a).

Frequently Asked Questions (FAQ)