Sec. 59. (a) Except as provided in subsections (b) and (c), a person may not hold or use a telecommunications device while operating a moving motor vehicle.

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Terms Used In Indiana Code 9-21-8-59

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (b) A telecommunications device described in IC 9-13-2-177.3(a)(1) may be used in conjunction with hands free or voice operated technology.

     (c) A telecommunications device may be used or held to call 911 to report a bona fide emergency.

     (d) A police officer may not, without the consent of the person:

(1) confiscate a telecommunications device for the purpose of determining compliance with this section;

(2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or

(3) extract or otherwise download information from a telecommunications device for a violation of this section unless:

(A) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime;

(B) the information is extracted or otherwise downloaded under a valid search warrant; or

(C) otherwise authorized by law.

     (e) The bureau may not assess points under the point system for a violation of this section occurring before July 1, 2021.

As added by P.L.185-2011, SEC.4. Amended by P.L.191-2014, SEC.1; P.L.100-2020, SEC.3; P.L.141-2024, SEC.17.

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