Indiana’s Distracted Driving Law, Indiana Code 9-21-8-59, went into effect on July 1st, 2020. Also known as the Hands-Free Law, this new state ordinance makes it illegal for a driver to type, text, or read their cell phones while operating a vehicle. Typing, texting, and reading includes all related cell phone actions, such as text messaging, sending/reading an email, typing into a search bar, entering in GPS navigation, and more.
If this new law seems confusing to you, continue reading to learn the facts you need to know to avoid being pulled over for being in violation.
Indiana’s Distracted Driving Law
What is Distracted Driving?
Indiana law defines distracted driving as any non-driving activity that can potentially cause a driver to lose focus of their primary task of operating a motor vehicle. Don’t think distracted driving is that serious? According to the U.S. Department of Transportation, in 2012 alone, over 3,000 victims lost their lives in motor vehicle collisions that resulted from a form of distracted driving.
So, what really dictates driving while distracted? There are several examples of such behaviors while driving, all of which can fall under visual distraction, manual distraction, or cognitive distraction. Visual distractions take a driver’s eyes off the road, while manual takes their hands off the wheel, and cognitive takes their mind off their task of driving.
Distracted driving examples include eating, rummaging through purses or bags, assisting children in the backseat, sending or reading messages on the phone, putting on makeup, checking or posting on social media, taking selfies, physical intimacy with a passenger, and any other action of electronic messages and written communications.
Exceptions to the Rule
There are exceptions to the Indiana Hands-Free law, however. Drivers are permitted to use their cell phone for emergency situations, such as receiving an urgent message, reporting criminal activity, or calling for emergency services. Drivers may also preset and listen to GPS navigation, talk on the phone, and play music from their phones. But drivers MAY NOT talk on their cell phones while driving through school zones.
Legal Penalties for Violating the Distracted Driving Law
Using the phone while driving is now against the law in Indiana, which means that anyone pulled over and cited for violating the state’s Hands-Free Law can face a variety of penalties depending on the specific details of their violation. Mostly, those who are found guilty of violating the Distracted Driving Law will face fines up to $500. For more serious situations, such as causing a car crash due to violating this law, violators face harsher penalties, possibly Class C misdemeanors and additional fines.
A Fair Warning to Avoid Criminal Prosecution
The Indiana Distracted Driving Law is considered a “Primary Law”, which means law enforcement can pull you over immediately and cite you, and for no other reason. If you are in possession of drugs, or have been drinking, the office can further investigate and arrest you at their own discretion. If you believe you were illegally pulled over and arrested in Indiana, contact an aggressive criminal defense attorney who will fight for your rights and preserve your driving privileges.
An Indianapolis Indiana Criminal Defense Attorney You Can Trust
Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indianapolis, Indiana. As an experienced and accomplished criminal defense attorney, he will build you an impactful and aggressive defense to beat or reduce your sentence. Trust our Indianapolis criminal defense law firm to protect your rights and preserve your freedoms. Call 317-636-7514 to schedule a free initial consultation, and get started on your path to justice today.
