Maryland Handheld Phone & Texting Tickets (TA Section 21‑1124.2 / Section 21‑1124.1)
Using a handheld phone or texting while driving can result in Maryland citations that threaten insurance and, in certain scenarios, points. But these cases often hinge on short observations and ambiguous hand movements. With clear trial themes—and, where needed, a mitigation plan—you can frequently avoid lasting damage to your record.
The statutes
- TA Section 21‑1124.2 prohibits the use of a handheld telephone while operating a motor vehicle, with exceptions for certain emergency calls and hands‑free operation.
- TA Section 21‑1124.1 prohibits writing, sending, or reading a text or electronic message while driving, with limited exceptions (e.g., emergency communication, parked off the roadway).
What the State must prove
Most cases rely on the officer’s observation of a device in hand and some interaction (e.g., looking down, thumb movement). Useful questions include:
- Was the vehicle stopped off the traveled portion of the roadway?
- Was the device operating hands‑free (mounted, voice‑activated)?
- Did the observed movement actually reflect texting or dialing?
- Was there an emergency exception?
Points and penalties
Handheld and texting violations are typically treated as moving violations that can carry points in certain circumstances under Maryland’s points framework (for example, a handheld violation may assess points if tied to an accident). We target dismissals, reductions to no‑point outcomes, or PBJ to protect your record.
Defense themes
- Observation angle and duration
- A split‑second glimpse through tinted glass at an oblique angle can’t reliably distinguish lawful mounted use from prohibited handheld use.
- Hands‑free operation
- If the device was mounted and voice‑activated, the law generally allows that use. Photos of your mount and call logs can support the defense.
- Parked or off‑road exceptions
- Being stopped at a safe location off the traveled way can remove the case from the statute’s reach. The shoulder or a parking space matters.
- Emergency exception
- Placing an emergency call is carved out by statute. Records can corroborate the timing.
What to do after the ticket
- Do not pay online; paying accepts any points.
- Photograph your phone mount and vehicle interior from the driver’s viewpoint.
- Save call logs or hands‑free device logs that corroborate lawful use.
- If an emergency existed, document it.
Court strategy and outcomes
We cross‑examine on vantage and duration, introduce photos of mounts and interior layout, and present device logs as warranted. When trial isn’t optimal, we press for PBJ or a reduced, no‑point disposition based on driver improvement and clean history.
For a broader strategy to avoid points on Maryland tickets, visit our Maryland Traffic Lawyers page.