Cell Phone Ticket in Indianapolis

30 Years of Traffic Defense. Technical Depth General Firms Don’t Offer.

A cell phone citation under Indiana’s hands-free law is a Class C infraction carrying a statutory fine of up to $500, plus court fees that push the actual cost higher. More consequential than the fine is what a conviction does to your driving record. Paying the ticket without contesting it is treated as an admission of guilt, locking in four BMV demerit points and triggering whatever insurance consequences can follow.

At Rathburn Law Office, P.C., we represent Indianapolis drivers facing cell phone and distracted driving citations. With more than 30 years of experience in DUI defense and complex traffic violations, we approach these cases the way technical violations deserve: by examining how the stop was conducted and whether the citation holds up against the statute’s requirements.

We offer free initial virtual consultations. Call us at (463) 465-2401 to talk through your case without leaving home.

What a Hands-Free Conviction Actually Costs You

Four BMV demerit points may not sound significant in isolation. Combined with points already on your record, they can accelerate a driver toward suspension. Indiana auto insurance carriers treat a moving violation conviction as a rating event, and premium increases can follow regardless of your prior history with that carrier.

For commercial drivers, the stakes are different. A handheld cell phone violation while operating a commercial motor vehicle falls under FMCSA mobile phone regulations, not just Indiana infraction law. Under federal rules, that’s classified as a serious traffic violation, with penalties reaching up to $2,750 for drivers and disqualification risk for those who accumulate multiple violations. A single citation can also carry elevated weight in the FMCSA Safety Measurement System, affecting both the driver’s record and the carrier’s safety profile.

We handle traffic violations for commercial drivers and understand how a single citation can intersect with licensing, livelihood, and long-term driving privileges.

Technical Traffic Defense from Chuck Rathburn

Attorney Chuck Rathburn holds a Lawyer Scientist certificate and is an instructor in standardized field sobriety testing, placing him among a small group of attorneys nationally with that level of instruction-based training. He has been qualified by trial and appellate courts in multiple states on breath testing procedures and alcohol-related evidence. When other attorneys face technically complex traffic and DUI cases, they frequently consult our firm.

That technical depth applies directly to cell phone ticket defense. Contesting a citation means evaluating how the stop was initiated, what the officer observed, and whether the citation was issued consistently with what IC 9-21-8-59 requires. It also means knowing the limits Indiana law places on what officers can do with a driver’s phone at a stop. IC 9-21-8-59(d) prohibits officers from confiscating, retaining, or extracting data from a device for a hands-free violation without consent, a valid search warrant, or probable cause that the device was used in a crime. An attorney who knows that provision can identify cases where those limits weren’t respected.

Our practice is built around DUI defense and complex traffic matters. For Indianapolis drivers, that means traffic citation defense is a core part of what we do, not a side offering picked up to fill a calendar.

Talk to Us Before You Pay That Ticket

Once you pay a cell phone ticket, the conviction is final. Before that happens, it’s worth understanding what you’re facing and whether contesting the citation makes sense for your situation. We offer free initial consultations, available virtually so drivers across Indianapolis and Central Indiana don’t need to take time off work to get answers.

We’re available 24/7. Call Rathburn Law Office, P.C. at (463) 465-2401 or reach us through our online contact form to schedule your free consultation.

What Indiana’s Hands-Free Law Prohibits

Indiana Code 9-21-8-59, which took effect July 1, 2020, prohibits any person from holding or using a telecommunications device while operating a moving motor vehicle. That covers smartphones, tablets, and similar devices. The law significantly expanded Indiana’s prior texting ban, which had only covered typing, transmitting, or reading messages. Under the current statute, holding the device for any reason while the vehicle is in motion is a violation.

Reported enforcement data from 2024 reflects more than 18,000 citations issued statewide for hands-free violations.

Age-Based Distinctions

Drivers 21 and older may use a telecommunications device through hands-free or voice-operated technology. Drivers under 21 face a stricter standard: all device use while driving is prohibited, including hands-free and voice-operated technology. The one exception for all drivers is holding a device to call 911 in a genuine emergency. Briefly holding a phone to check a notification, skip a track, or glance at the screen is a violation if the vehicle is in motion.

What Officers Can & Cannot Do with Your Phone

Under IC 9-21-8-59(d), Indiana law places specific limits on what officers may do with a driver’s phone during a hands-free stop:

No confiscation: An officer may not take a driver’s phone to determine compliance with the hands-free law.
No retention as evidence: The officer may not hold the device pending trial for a violation of this section.
No data extraction: An officer may not extract or download data from the device for a hands-free violation unless there is probable cause the device was used in a crime, a valid search warrant exists, or another legal authorization applies.

Drivers aren’t required to hand over their phones at a traffic stop for a suspected hands-free violation. What happens at the stop, including whether an officer exceeded these limits, becomes part of the factual record an attorney can evaluate when determining how to challenge the citation.

Contact Us Today

At Rathburn Law Office, P.C., we're always ready to take your call! Give us a call at (463) 465-2401 or fill out the form below to contact one of our team members.

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"Chuck’s knowledge and understanding of breath alcohol instruments is exceptional. He worked closely with a manufacturer for many years learning and sharing the knowledge with the defense community. I have gone to Chuck on many occasions to discuss breath alcohol issues and aspects of how the instrumentation deals with the sampling and analysis. I consider him one of the leading experts on breath alcohol within the defense community. As an attorney, Chuck works hard for his clients and doesn’t just deal cases away. He takes the cases personal and fights to get the best resolution possible. In my 30 some years as an expert in breath alcohol testing, Chuck Rathburn is, by far, one of my favorite attorneys for consulting and brainstorming ways to expose the pseudoscience and bad science in the alcohol testing community. I am always impressed by his knowledge and understanding and ability to think outside of the box. I do not hesitate to say Call Chuck!"

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"When looking for DataMaster training for my staff, I looked no further than Charles Rathburn. Mr. Rathburn did an outstanding job educating my entire staff on the concepts of breath alcohol testing while thoroughly explaining the problems associated with breath alcohol testing."

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“I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others.”

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Intense Passion
"I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others. Chuck has an intense passion for learning about this machine, and has a gift of how to present it in a format that is easy to digest and understand."

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Key to Success
"The in-depth DataMaster training I received from Chuck Rathburn has been a key to success in court. After taking the hands on breath test training from Chuck I am better able to analyze DUI breath cases from the inside out. Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results."

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