How to Fight a Distracted Driving Ticket in Minnesota
If you got a distracted driving ticket in Minnesota, you can usually pay it, contest it in court, or pursue a dismissal/mitigation option. Minnesota's Hands-Free Law (Minn.
How to fight a distracted driving ticket in Minnesota, step by step
Decide how to plead
Pleading not guilty preserves your right to contest the distracted driving charge in Minnesota 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
Under Minn.
Show up prepared
Arrive early, dress neatly, and bring your documents plus a short, factual statement of your side.
Prepare for your Minnesota 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 →Minnesota Distracted Driving ticket — frequently asked questions
What is Minnesota's Hands-Free Law?
Minnesota's Hands-Free Law (Minn. Stat. § 169.475) prohibits all drivers from using a wireless communications device with their hands while driving. All drivers must use voice-activated or hands-free mode. The prohibition covers: holding the device with any body part; using it to make a call or send/read messages by hand; accessing applications or the internet by hand; and any other manual use. The law applies when the vehicle is in motion or stopped as part of traffic (including at red lights). A single-touch or single-swipe action to activate or deactivate a hands-free function is permitted.
What are the fines for violating Minnesota's Hands-Free Law?
Under Minn. Stat. § 169.475: first offense — $50 plus court fees; second and subsequent offenses — $275 plus court fees. These fines apply in addition to the mandatory $75 criminal surcharge and other court fees assessed on traffic violations. Verify exact total amounts with your specific court. The violation is a petty misdemeanor.
Is Minnesota's Hands-Free Law primary or secondary enforcement?
Yes — Minnesota's Hands-Free Law (Minn. Stat. § 169.475) is PRIMARY enforcement. An officer may stop your vehicle solely because you were observed using a phone with your hands while driving, without any other violation occurring.
What phone use is prohibited vs. allowed while driving in Minnesota?
PROHIBITED for all drivers: holding the phone with any body part while driving; manually dialing, texting, or accessing apps; using the phone for any purpose with your hands (other than a single touch to activate/deactivate hands-free). PERMITTED: voice-activated commands for calls, navigation, music; a single touch or swipe to activate hands-free mode; using the phone when the vehicle is lawfully parked off the roadway (not stopped at a traffic light). ADDITIONAL RESTRICTION for drivers under 18: no cell phone use at all while driving — not even hands-free. School bus drivers: no personal cell phone use while driving.
Are there special rules for drivers under 18 in Minnesota?
Yes. Under Minn. Stat. § 169.475, drivers under 18 are prohibited from using any wireless communications device while driving — including hands-free mode. The only exception is to report an emergency. This is a stricter standard than the adult hands-free requirement. Violation carries the same fines ($50/$275 + surcharges). For drivers under 18, any cell phone use while driving — even a voice call using a fully hands-free setup — is a violation.
Can I get a Continuance for Dismissal for a distracted driving ticket in Minnesota?
Yes. A Continuance for Dismissal is available for petty misdemeanor violations, including Hands-Free Law citations. For a first-time offender, a CFD is a realistic option in many jurisdictions. You do not plead guilty, the case is held for up to 12 months, and if conditions are met, the case is dismissed with nothing reported to DVS. Request the CFD at your initial appearance or through the Hearing Officer program (available in seven metro counties).
What is the standard of proof for distracted driving in Minnesota?
As a petty misdemeanor, the prosecution must prove a Hands-Free Law violation by a preponderance of the evidence — more likely than not. The state must establish that you were manually using a wireless device (holding it, typing, etc.) while driving. This is a lower standard than most states, making factual challenges at trial less reliable. A Continuance for Dismissal is typically a more effective strategy for first-time offenders.
Does a distracted driving ticket appear on my driving record in Minnesota?
A conviction for a Hands-Free Law violation is recorded on your Minnesota driving record as a moving violation and may be reported to your insurer. A Continuance for Dismissal results in full dismissal with nothing reported to DVS — protecting your record. Minnesota does not use a point system, but convictions can still affect insurance rates.
How does distracted driving affect CDL holders in Minnesota?
Texting while driving in a commercial motor vehicle (CMV) is specifically prohibited under federal law (49 CFR § 392.80) and is a serious traffic violation for CDL purposes. Using a hand-held device while driving a CMV is prohibited under 49 CFR § 392.82. Two serious traffic violations within 3 years = minimum 60-day CDL disqualification. A CFD avoids the conviction and CDL consequences — making it especially valuable for CDL holders. Consult an attorney for any distracted driving ticket if you hold a CDL.
Can I contest a distracted driving ticket in Minnesota?
Yes. Key defense angles: (1) You were using a mounted, hands-free device — the single-touch activation exception applies; (2) The officer's vantage point from a moving or passing vehicle may not have clearly established that you were manually operating the device vs. simply having it near you; (3) You were lawfully parked when the officer observed device use; (4) Under-18 restriction challenge: if you were using a hands-free device for an emergency call, the exception applies. Contesting at trial means the state must prove by preponderance that you were manually using the device — factual uncertainty about the officer's observation angle and distance may prevent this. For first-time offenders, a CFD is the recommended path.
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.