Distracted driving is one of the top causes of serious motor vehicles accidents, here in Maryland and across the U.S. And it comes as no surprise that using cell phones while driving is among the most frequently cited forms of distracted driving leading to injury and death on our roadways.
Some of us remember when a “portable cellular phone” was a clunky, exotic luxury – with a handset the size of a brick, powered by a heavy battery hauled around in a bag (hence, the label “bag phone”). But by the late 1990s, digital technology evolved to make cell phones small enough to fit in a pocket or purse, and soon everyone had to have one with them, at all times.
Once people began to use their cell phones while driving, cell phone use became a major contributor to distracted driving car accidents. Now, the Maryland Supreme Court has made a decision that will affect when law enforcement can make traffic stops based on how a driver “touches” their cell phone.
Maryland is one of 31 states that ban handheld cell phone use while driving. (See link below under “Sources” for a chart detailing all state laws.)
Maryland bans all cell phone use for drivers under 18, and has a handheld mobile device ban for all drivers, in all zones, as a primary offense — meaning, law enforcement can make a traffic stop if they see you driving and using a handheld device. (In other words, they don’t have to pull you over for some other traffic violation to cite you for using a handheld device while driving.) Maryland also has a texting ban for all drivers — again, as a primary offense.
Maryland does, however, allow for using GPS, calling 911, and other exceptions. This is where things start to get a little sticky.
In January 2026, the Maryland Supreme Court made a decision that affects if and when law enforcement can pull over a driver for “touching” their cell phone. Essentially, they cannot.
A divided Maryland Supreme Court ruled that police cannot pull over drivers who are merely touching their cell phones while behind the wheel, actions that could be permitted under the state’s distracted driving laws. The Majority ruled (4 – 3) that “…not every driver observed manipulating, or even touching, or pressing the screen of a cell phone while driving can reasonably be suspected of violating the law.”
In other words, a driver may be texting a friend, which is a violation of state distracted driving law. However, law enforcement can’t always tell from observation if the driver is texting vs. “touching” their screen to punch in GPS coordinates. The new law deems that, “As long as there is a possible legal explanation…police do not automatically have grounds for a traffic stop.”
Critics of the ruling say it restricts law enforcement officers from enforcing the state’s distracted driving laws and preventing traffic accidents. We will have to wait and see how the new law plays out on Maryland’s roadways.
As always, be safe out there and steer clear of drivers that you can see are on their devices — whatever they may be doing.
Sources:
Distracted Driving | Cellphone Use
National Conference of State Legislatures collected online Feb. 11, 2026
‘Touching’ your phone behind the wheel is not enough for a traffic stop, Supreme Court rules
Maryland Matters Jan. 28, 2026
Be the FOCUSED Driver
Zero Deaths Maryland May 17, 2022