By Lauren Gold.
Arizona lawmakers and their constituents are well aware of the problems associated with distracted driving. However, this issue is difficult to mitigate. Although most drivers understand the risks associated with using a cell phone while driving, many drivers still engage in this behavior, leading to serious injuries or deaths of innocent individuals.
In January 2021, Arizona enacted A.R.S. § 28-914, called the “Hands-Off Law.” A.R.S. § 28-914(A) specifically forbids an individual from driving a vehicle on a street or highway if a person, “physically holds or supports with any part of the person’s body” an electronic device, such as a cell phone, or if a person, “writes, sends, or reads any text based communication.” This statute created a statewide distracted driving standard, replacing the previous patchwork system where some localities had similar ordinances and others did not. Tucson enacted an ordinance in February 2018 that allowed police officers to ticket drivers for using their phones while driving as a primary offense. In contrast, neither Mesa nor Scottsdale had a local ban prior to this statute.
The Maricopa County Attorney’s Office published an article on their website detailing A.R.S. § 28-914(A). The Arizona Hands-Off Law generally makes it illegal to use stand-alone electronic devices while driving unless the device is in hands-free mode. Data shows that those who text and drive are over twenty times more likely to get into a car accident. From 2012 to 2018, approximately 23,000 people died in crashes that involved a distracted driver in the United States. States with these types of “hands-off” laws experience 16% fewer fatalities in traffic accidents.
Arizona hoped that enacting this law would enhance the safety of all Arizonans on the road. To achieve these goals, the law made penalties more severe, with first time violators facing a fine between $75 and $149 and second or subsequent violators facing a fine between $150 and $250. Additionally, violations could include up to six months in jail and a $2,500 fine if the driver causes a crash that results in serious injury or death.
On October 30, 2025, the Insurance Institute for Highway Safety published the results of a study on the impact of this law. This study examined Arizona from 2019 to 2024, covering the period immediately before and after the enactment of A.R.S. § 28-914. In Arizona, drivers in 2024 had a 21.1% lower likelihood of making handheld calls on trips. However, they were also 3.39% more likely to “manipulate” their device, meaning they manually interacted with their cellphone. This might include typing messages or scrolling through social media.
Additionally, the results included data on warnings and citations issued by state troopers. In 2021, state troopers issued an average of 587.6 warnings and 653.2 citations per month. In 2024, state troopers issued an average of 432.5 warnings and 434.8 citations per month.
The study further discussed similar concerns in other states with analogous “Hands-Off” laws. In four of eight states with similar laws, cell phone manipulation became more common after enacting similar laws. The study also discussed that the law’s shortcomings may be attributed to nationwide reductions in policing rather than the law’s intrinsic failures.
Arizona’s Family interviewed Ian Reagan, one of the Insurance Institute for Highway Safety researchers. He stated, “We know from other research that this approach of putting police out on the road and telling everybody that they’re out on the road…really leads to sustained behavior change…Just passing a law alone doesn’t seem to be enough.” Of the study’s outcome, Insurance Institute for Highway Safety’s President David Harkey said, “These results are a bit of a reality check.” Harkey also agreed with Reagan that it will take more than just legislation to properly address the issue of distracted driving.
Ultimately, it does not seem that the “Hands-Off Law” has quite accomplished what the state had intended. Further enforcement and publicizing this enforcement may be the answer, as suggested by Reagan and Harkey. However, this study indicates that distracted driving remains a significant problem in Arizona, and one not yet adequately addressed by law enforcement.
Lauren Gold is a second-year law student at the Sandra Day O’Connor College of Law. Before law school, she earned a B.S.W. in Social Work with a minor in Political Science from Arizona State University. In her free time, Lauren enjoys spending time with her dog and watching baseball.