How to Fight a Distracted Driving Ticket in Massachusetts
If you got a distracted driving ticket in Massachusetts, you can usually pay it, contest it in court, or pursue a dismissal/mitigation option. M.G.L. c. 90, § 13B sets escalating fines: 1st offense = $100; 2nd offense = $250; 3rd and subsequent offenses = $500.
How to fight a distracted driving ticket in Massachusetts, step by step
Decide how to plead
Pleading not guilty preserves your right to contest the distracted driving charge in Massachusetts and review the evidence against you.
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.
Know exactly what you're contesting
M.G.L. c. 90, § 13B sets escalating fines: 1st offense = $100; 2nd offense = $250; 3rd and subsequent offenses = $500.
Show up prepared
Arrive early, dress neatly, and bring your documents plus a short, factual statement of your side.
Prepare for your Massachusetts court date — free
Get a guided prep chat for your exact violation, then a court-ready mock script you can rehearse.
Start my free court prep →Massachusetts Distracted Driving ticket — frequently asked questions
What is the fine for distracted driving in Massachusetts?
M.G.L. c. 90, § 13B sets escalating fines: 1st offense = $100; 2nd offense = $250; 3rd and subsequent offenses = $500. These are base fines — verify whether additional surcharges apply with your District Court.
What does Massachusetts's hands-free law prohibit?
M.G.L. c. 90, § 13B prohibits holding a mobile electronic device while operating a motor vehicle, using a device without hands-free mode, and composing, sending, or reading electronic messages while driving. The device must be operated fully hands-free — through Bluetooth, a dash or windshield mount with voice control, or a single-touch activation.
Is distracted driving a civil or criminal violation in Massachusetts?
Distracted driving under M.G.L. c. 90, § 13B is a civil CMVI — not criminal. The finding is 'responsible' or 'not responsible.' No jail time, no criminal record. The standard is preponderance of the evidence. You have 20 days to pay or appeal.
Is a distracted driving ticket surchargeable in Massachusetts?
NOT CONFIRMED — verify at mass.gov or with the RMV whether a distracted driving finding under M.G.L. c. 90, § 13B is treated as a surchargeable event under the SDIP. If it is, each finding adds approximately 15% to your insurance premium.
Can I use my phone at a red light in Massachusetts?
No. M.G.L. c. 90, § 13B prohibits holding or using your device while operating a motor vehicle — this includes being stopped at a red light with the engine running in traffic. The vehicle must be lawfully parked and off the roadway for handheld use to be permitted.
Can I use my phone for navigation in Massachusetts?
Yes, but only in hands-free mode. You may mount your phone and use GPS navigation by voice or a single-touch to activate the route. You may not hold the phone or manually enter destinations while driving.
Are there different rules for drivers under 18?
Junior Operator License (JOL) holders under 18 are subject to the same M.G.L. c. 90, § 13B hands-free requirements as adult drivers. JOL-specific enhanced penalties (such as license suspension) may apply for certain violations under the RMV's JOL rules — verify current JOL consequences at mass.gov.
What are the exceptions to the Massachusetts hands-free law?
M.G.L. c. 90, § 13B provides an affirmative defense for using a device in response to an emergency. If you were calling 911 or emergency services due to an immediate safety threat, document the call records. The device must otherwise always be used hands-free.
What is required for a second distracted driving offense?
A second offense (within an unspecified lookback period — verify at mass.gov) carries a $250 fine and requires completion of an RMV-approved driver behavior/attitude change program. Failure to complete the program may have additional license consequences. Third and subsequent offenses carry a $500 fine.
How do I appeal a distracted driving ticket?
Within 20 days: do NOT pay. Request a clerk-magistrate hearing ($25) at the District Court listed on the ticket. At the hearing, contest whether you were holding the device. Key evidence: hands-free mount in your vehicle, dashcam footage, the officer's observation angle and distance. If found responsible, appeal to a judge hearing ($50) — if the officer does not appear, the ticket is dismissed.
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.