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 Minnesota, distracted driving laws are designed to reduce accidents caused by drivers who are not fully attentive to the road. The state prohibits all drivers from texting while driving, under Minnesota Statutes section 169.475, which makes it illegal to read/compose/send text messages and emails, or access the web while the vehicle is in motion or a part of traffic. However, Minnesota does not have a complete ban on hand-held cellphone use for all drivers. Instead, it has a hands-free law that went into effect on August 1, 2019, under Minnesota Statutes section 169.011, subdivision 94, which requires drivers to use voice commands or single-touch activation to make calls, text, listen to music or podcasts, and get directions. Exceptions are in place for emergency calls and certain professional drivers. Penalties for violating these laws can include fines and, for repeat offenders, the possibility of increased fines or additional charges. Enforcement of these laws is at the discretion of law enforcement officers, and the burden of proof lies with the prosecution in the event of a trial.