Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment, or navigation system—anything that takes your attention away from the task of safe driving.

Many states have enacted laws to help prevent distracted driving. These include banning texting while driving, implementing hands-free laws (that prohibit the use of hand-held electronic devices while driving), and limiting the number of young passengers who can ride with teen drivers.

Laws vary from state to state and are continually evolving, but, for example:

• Hand-held cellphone ban: 24 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands prohibit all drivers from using hand-held cellphones while driving.

• All cellphone ban: No state bans all cellphone use for all drivers, but 36 states and D.C. ban all cellphone use by novice or teen drivers, and 18 states and D.C. prohibit any cellphone use for school bus drivers.

• Text messaging ban: 48 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers.

o Missouri prohibits text messaging by drivers 21 years old or younger.

• Other states prohibit hand-held cellphone or all cellphone use by all or certain drivers in certain zones.

And some municipalities have enacted ordinances designed to limit distractions while driving, especially in school zones.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law (whether the driver was distracted while driving) and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In Massachusetts, distracted driving laws are designed to prevent activities that divert a driver's attention from the road. The state has implemented several measures to combat distracted driving. Massachusetts bans all drivers from texting while driving and prohibits the use of all hand-held electronic devices for drivers, enforcing a hands-free law. This means drivers are not allowed to hold a phone or electronic device for calls, GPS, or any other purpose while driving. However, they can use devices in hands-free mode. The law is even stricter for novice drivers under the age of 18, who are banned from using any type of mobile phone or electronic device while driving, including hands-free devices. Penalties for violating these laws can include fines and affect insurance rates. Enforcement of these laws is at the discretion of law enforcement officers, and the prosecution must prove the violation to secure a conviction or find the driver responsible for a civil infraction.