How to Fight a Distracted Driving Ticket in Mississippi
If you got a distracted driving ticket in Mississippi, you can usually pay it, contest it in court, or pursue a dismissal/mitigation option. Under MCA § 63-33-1: first offense — fine of $100.
How to fight a distracted driving ticket in Mississippi, step by step
Decide how to plead
Potentially — appear in court, plead not guilty, and the state must prove you were actually texting or using a handheld device (not using hands-free, not a passenger's device, not a brief glance). The officer must testify and the 'rebuttable presumption' in MCA § 63-3-1213 can be challenged with evidence that you were not using the device as alleged.
Check Mississippi's dismissal & mitigation options
Potentially — appear in court, plead not guilty, and the state must prove you were actually texting or using a handheld device (not using hands-free, not a passenger's device, not a brief glance). The officer must testify and the 'rebuttable presumption' in MCA § 63-3-1213 can be challenged with evidence that you were not using the device as alleged.
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 MCA § 63-33-1: first offense — fine of $100.
Show up prepared
Under MCA § 63-33-1: first offense — fine of $100. Arrive early, dress neatly, and bring your documents plus a short, factual statement of your side.
Prepare for your Mississippi 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 →Mississippi Distracted Driving ticket — frequently asked questions
What is Mississippi's distracted driving law?
MCA § 63-33-1 prohibits all motorists from writing, sending, or reading a text message or reading or posting to a social networking site using a handheld mobile telephone or portable electronic device while operating a motor vehicle. Additionally, MCA § 63-3-1213 (careless driving) establishes a rebuttable presumption that a person who uses a handheld wireless device while driving is driving carelessly. Mississippi has NOT enacted a statewide hands-free law — handheld phone calls are NOT specifically prohibited for adults (as of 2026 — verify current status).
What are the penalties for texting while driving in Mississippi?
Under MCA § 63-33-1: first offense — fine of $100. If a distracted driving violation occurs while the driver is involved in a motor vehicle accident, the fine increases to $1,000. Note: these fines are in addition to any penalties for the underlying accident itself (e.g., injury, property damage liability). Mississippi has no additional escalating fine tiers for second or third offenses under this specific statute — verify current law at courts.ms.gov.
Does a texting ticket add points to my license in Mississippi?
No. Mississippi has no demerit point system for any traffic violation, including distracted driving. A texting conviction appears on your driving record but does not add a point total. However, it may affect your insurance rates.
What is the difference between the texting law (MCA § 63-33-1) and careless driving (MCA § 63-3-1213) for distracted driving?
MCA § 63-33-1 (texting statute) specifically covers texting and social media use while driving — fine $100 ($1,000 if accident). MCA § 63-3-1213 (careless driving) creates a rebuttable presumption of careless driving when any handheld wireless device is in use while driving — fine $5–$50. A driver could potentially be cited under both statutes for the same incident. The careless driving citation may carry different court procedures and consequences than the texting citation.
Is there a way to contest or dismiss a texting ticket in Mississippi?
Potentially — appear in court, plead not guilty, and the state must prove you were actually texting or using a handheld device (not using hands-free, not a passenger's device, not a brief glance). The officer must testify and the 'rebuttable presumption' in MCA § 63-3-1213 can be challenged with evidence that you were not using the device as alleged. Request the officer's body camera or dash camera footage if available. As with all Mississippi traffic tickets, some courts may allow a defensive driving course dismissal for a first offense.
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.