Starting January 1, 2021 you could be pulled over and cited (civil traffic) for using your cell phone while driving.

The new law states a person may not operate a motor vehicle on a street or highway if the person does either of the following:

1. Physically holds or supports with any part of the person's body either of the following:
   • A portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication.
   • A stand-alone electronic device.
2. Writes, sends or reads any text-based communication, including a text message, instant message, email or internet data, on a portable wireless communication device or stand-alone electronic device. This does however exclude the use of voice-based communications, including through the use of a portable wireless communication device or stand-alone electronic device, to direct the writing, sending, reading or other communicating of any text-based communication; the use of a portable wireless communication device or stand-alone device when used in a hands-free manner for navigation of the motor vehicle; use of a global positioning system or obtaining motor vehicle information or information related to driving a motor vehicle.
   
   

The law does not prohibit the operation of a motor vehicle while using a device, including a device that is accessible through an interface that is embedded in a motor vehicle, that allows communication without the use of either of the driver's hands, except to activate or deactivate a function of the device.

Click here to read who is exempt from this new legislation.

Any who violates the law is subject to a civil penalty of:

• at least $75 but not more than $149 for a first violation.
• at least $150 but not more than $250 for a second or subsequent violation.

• If you are stopped for an alleged violation the peace officer is not authorized to take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law.
• Except as provided in section 28-3312, a department or agency of this state may not consider a violation of this section for the purpose of determining whether the person's driver license should be suspended or revoked.

• A cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver or a substantially similar portable wireless device that is used to initiate or receive communication, information or data.
• Does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device or in-vehicle security, navigation or remote diagnostics system.