Maryland Cell Phone Law: Bans, Fines, and Jake’s Law

Maryland’s cell phone law bans holding a phone while driving and bans texting anywhere on the roadway, including at red lights. A first handheld violation carries a fine of up to $75, texting starts at $70 plus a point on your license, and causing a serious crash while using your phone can mean up to three years in prison and a $5,000 fine under a provision called Jake’s Law. Drivers under 18 face a stricter rule that bars even hands-free use.

Holding a Phone Behind the Wheel

Under the Communications Traffic Safety Act, you cannot use your hands to operate a handheld phone while your vehicle is in motion.¹ The only touches the law permits are starting a call, ending a call, and turning the phone on or off. Dialing a number, scrolling, and checking a notification all have to happen through a hands-free setup: Bluetooth, a dashboard mount with voice commands, or a built-in vehicle system.

This is a primary offense. An officer can pull you over solely for seeing a phone in your hand. You don’t need to be speeding or weaving first.

Texting, Even at a Red Light

A separate statute makes it illegal to write, send, or read a text or electronic message while your vehicle is on the travel portion of the roadway.² The phrasing is broader than the handheld ban. You do not have to be moving. Stopped at a red light, waiting in traffic, or idling anywhere on the road itself, you are still violating this law if you read or send a message.³

The definition of “text messaging device” is wide, covering short message service, wireless telephone service, and any electronic communication network. Traditional texts, emails, and messaging apps all fall inside it. Two uses are excluded: GPS navigation and contacting 911.²

A practical consequence: an officer who sees you looking down at a phone at a red light has no way of knowing whether you’re placing a call or reading a message. Keeping the phone out of your hand any time you’re on the road is the only reliable way to stay clear of both statutes.

What a Ticket Costs

The statutory maximum fines for handheld phone violations climb with each offense:¹

First offense: up to $75
Second offense: up to $125
Third or subsequent offense: up to $175

Court costs and surcharges push the total higher than the base fine. Maryland’s official safety materials list typical amounts actually paid as $83 for a first offense, $140 for a second, and $160 for a third.⁴

First-time offenders have an escape hatch. The court can waive the penalty entirely if you show proof that you purchased a hands-free accessory, attachment, or add-on for your phone.¹ A $20 Bluetooth adapter bought before your court date can wipe out the entire fine.

Texting carries a $70 fine and 1 point on your license. If the texting contributed to a crash, the fine rises to $110 and 3 points.⁴ The statutory maximum can reach $500.³

The point math for handheld violations is worth understanding. A first handheld offense with no accident carries no points. A first offense that contributes to a crash adds 3 points. A second or later handheld offense adds 1 point regardless of whether there was an accident.³ Points accumulate over a rolling two-year window, and 8 points triggers a license suspension while 12 triggers revocation.⁵

Jake’s Law: Prison Time for Causing a Crash

A ticket is one thing. Causing a serious accident while using your phone is another. Under Jake’s Law, a driver who causes serious injury or death while talking on a handheld phone or texting faces up to 3 years in prison, a fine of up to $5,000, and 12 points on their driving record.⁶ Twelve points is automatic revocation, not suspension.⁵ The provision exists because the standard distracted driving fines were considered inadequate for crashes that kill or seriously injure someone.

Stricter Rules for Drivers Under 18 and New Drivers

Drivers under 18 cannot use any wireless communication device while driving, including hands-free systems like Bluetooth earpieces or speaker functions.⁷ The only exception is calling 911. If the Motor Vehicle Administration receives evidence of a violation, it can suspend the license for up to 90 days.²

Drivers 18 or older who still hold a learner’s permit or provisional license fall under a separate rule that bans all handheld phone use outright, though hands-free systems are still allowed.¹ School bus drivers carrying passengers face the same complete handheld ban.

When Handheld Use Is Allowed

The law spells out a limited set of exceptions:¹

Contacting 911, a hospital, an ambulance provider, a fire department, a law enforcement agency, or a first aid squad
Law enforcement officers and emergency personnel acting within the scope of their duties
Commercial motor vehicle operators using push-to-talk technology (separate federal rules still apply)
GPS navigation, which is excluded from the texting ban

The emergency exception is narrow. It covers reaching emergency services, not calling your spouse to say you’ll be late or phoning a tow company after you see something on the road. For a non-emergency call, pull over first.

Commercial Drivers Face Federal Rules Too

If you hold a CDL or operate a commercial motor vehicle in Maryland, federal regulations stack on top of state law. Federal rules prohibit all handheld mobile phone use while driving a commercial vehicle, including while temporarily stopped in traffic or at a signal.⁸ A separate federal rule bans texting while operating a commercial vehicle.⁹

The penalties are much steeper. A texting violation can result in a fine of up to $2,750 for the driver, and employers who allow or require phone use while driving face fines up to $11,000. Multiple violations can lead to CDL disqualification for up to 120 days.¹⁰ The only carve-out is contacting law enforcement or emergency services.

The Insurance Hit

The court fine is usually the smallest part of the total cost. A texting or distracted driving violation typically stays on your record for three to five years, and insurers read it as a risk signal. Industry data shows an average 28 percent increase in car insurance premiums following a texting conviction, with a range from roughly 9 percent to as high as 51 percent depending on your insurer and driving history. In dollar terms, that’s about $150 to $900 in extra premiums per year while the violation stays on your record.

A driver paying $1,500 a year who takes a 28 percent bump pays an extra $420 annually. Over three years, that’s $1,260 in added insurance costs on top of the court fine. Repeat offenders compound the problem: each additional violation extends the period of elevated rates, and some insurers may drop coverage entirely.

1
Maryland General Assembly. Maryland Transportation Code 21-1124.2 – Communications Traffic Safety Act
2
Maryland General Assembly. Maryland Transportation Code 21-1124.1
3
Maryland Roads Administration. Cell Phone Driving Laws and Penalties FAQ Sheet
4
Zero Deaths Maryland. Be the Focused Driver Brochure
5
Maryland Department of Transportation Motor Vehicle Administration. Point Accumulation
6
Zero Deaths Maryland. Park the Phone Brochure
7
Maryland General Assembly. Maryland Transportation Code 21-1124 – Prohibition Against Use of Wireless Communication Device While Driving by Minor Holding Learners Permit or Provisional License
8
eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
9
eCFR. 49 CFR 392.80 – Prohibition Against Texting
10
Federal Motor Carrier Safety Administration. No Texting Rule Fact Sheet