How to Fight a Distracted Driving Ticket in Maryland

By Zigpon Editorial Team · Last reviewed: June 2026 · Sources: mva.maryland.gov

If you got a distracted driving ticket in Maryland, you can usually pay it, contest it in court, or pursue a dismissal/mitigation option. TR § 21-1124.2 sets escalating fines: 1st offense = up to $75; 2nd offense = up to $125; 3rd or subsequent offenses = up to $175.

How to fight a distracted driving ticket in Maryland, step by step

  1. Decide how to plead

    Pleading not guilty preserves your right to contest the distracted driving charge in Maryland and review the evidence against you.

  2. Request the evidence in your case

    Ask the court for the officer's notes and any photos, device records, or calibration logs relied on to issue your distracted driving citation — you have a right to review what the case against you is built on.

  3. Know exactly what you're contesting

    TR § 21-1124.2 sets escalating fines: 1st offense = up to $75; 2nd offense = up to $125; 3rd or subsequent offenses = up to $175.

  4. Show up prepared

    Arrive early, dress neatly, and bring your documents plus a short, factual statement of your side.

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Maryland Distracted Driving ticket — frequently asked questions

What is the fine for distracted driving in Maryland?

TR § 21-1124.2 sets escalating fines: 1st offense = up to $75; 2nd offense = up to $125; 3rd or subsequent offenses = up to $175. The court may waive the penalty for a first offense if the driver provides proof of acquiring a hands-free accessory before sentencing. Verify current amounts with the District Court of Maryland.

What does Maryland's hands-free law prohibit?

TR § 21-1124.2 (Communications Traffic Safety Act) prohibits using hands to operate a handheld telephone while the vehicle is in motion — except to initiate, terminate, or power the device on/off. You may not hold or cradle the phone while driving. Hands-free operation (Bluetooth, dashboard mount, voice activation) is permitted. You may also answer or end a call, but not hold the phone while doing so.

How many points does a distracted driving ticket add?

NOT CONFIRMED — verify at mva.maryland.gov whether a distracted driving conviction under TR § 21-1124.2 adds points to your driving record. Given that it is classified as a moving violation, points may apply — but the specific point value is not confirmed in available official sources.

Is a distracted driving ticket payable or must-appear?

Distracted driving citations under TR § 21-1124.2 are payable violations for first and second offenses. You may pay, request a waiver hearing, or request a trial within 30 days of receipt. Third and subsequent offenses may have different requirements — verify with the District Court.

Can my first distracted driving ticket be waived in Maryland?

Yes — TR § 21-1124.2 provides that the court may waive the penalty for a first offense if you provide proof of acquiring a hands-free accessory (such as a Bluetooth device or phone mount) before sentencing. Present the purchase receipt at a waiver hearing or trial. This is a unique first-offense option specific to Maryland's distracted driving law.

Can I use my phone at a red light in Maryland?

No. TR § 21-1124.2 prohibits handheld phone use while the vehicle is in motion. Being stopped at a red light with the engine running in traffic does not qualify as 'parked' — the vehicle is still considered in operation. Handheld use is only permitted when the vehicle is lawfully parked off the roadway.

Can I use my phone for navigation in Maryland?

Yes, in hands-free mode. You may mount your phone and use GPS navigation by voice or a single-touch to activate. You may not hold the phone or manually enter a destination while driving.

What are the exceptions to Maryland's distracted driving law?

TR § 21-1124.2 exempts: emergency calls to 911, hospitals, ambulances, fire departments, police, or other first-aid services; school bus drivers with passengers are subject to a complete ban on handheld phone use; learner's permit and provisional license holders (18+) may not use handheld phones under any circumstances.

Does a distracted driving ticket affect my insurance?

If points are assessed (NOT CONFIRMED — verify at mva.maryland.gov) and a conviction is entered, your insurer will typically be notified and may increase your premium. A PBJ avoids the conviction and any point assessment. For first offenses, the proof-of-hands-free-device waiver may result in dismissal.

Are learner's permit or provisional license holders treated differently?

Yes. Learner's permit and provisional license holders (age 18 and over) are subject to a complete ban on handheld phone use under TR § 21-1124.2, with no exception for initiating or ending calls. The standard hands-free rules apply to all other licensed drivers.

Zigpon is an educational self-help guide, not a law firm — this is general information, not legal advice. Laws change and every case is different; verify details with your court or a licensed attorney before acting.