Brad’s Law is Michigan’s hands-free driving statute, codified at MCL 257.602b, and it bars every driver on a public road from holding or using a mobile electronic device behind the wheel. The ban applies even when you are stopped at a red light or stuck in traffic. A first violation is a $100 civil infraction, and the penalties climb from there for repeat offenses, crashes, teen drivers, and anyone with a commercial license.1Michigan Legislature. Michigan Code MCL 257.602b
What Counts as a Violation
“Hold” under the statute means physically supporting the device with any part of your hands, arms, or shoulders. “Operating” covers any time you have physical control of the vehicle on a public road, including temporary stops for traffic, red lights, or stop signs. The only time the rule turns off is when you are legally parked.2Michigan Legislature. House Legislative Analysis – House Bills 4250, 4251, and 4252
“Using” is broader than texting. It includes making or receiving calls, sending or reading texts, watching or recording video, posting to social media, manually dialing a number, and scrolling through contacts. If your finger is on the screen and the phone is in your hand, you are violating the law.1Michigan Legislature. Michigan Code MCL 257.602b
The term “mobile electronic device” is not limited to phones. Any portable electronic device capable of text messaging, voice communication, internet access, navigation, entertainment, or email falls under the law. That sweeps in tablets, standalone GPS units, and smartwatches.2Michigan Legislature. House Legislative Analysis – House Bills 4250, 4251, and 4252
What You Can Still Do
The statute carves out several specific uses, all built around keeping the device out of your hand.
- Voice commands and hands-free operation. A single tap, swipe, or button press to activate a feature or select a contact is allowed.
- A phone in a dashboard or windshield mount, used in the permitted hands-free ways.
- Navigation, as long as you don’t type the destination by hand. Set it before you drive or use voice input.
- Calls to 911, law enforcement, a fire department, or a health care provider to report a crash, fire, medical emergency, hazardous materials incident, reckless driver, or crime in progress.
- A device used solely to continuously record or broadcast video, such as a dashcam.
- Controls permanently installed in the vehicle, like a built-in touchscreen.
- Law enforcement, firefighters, paramedics, and public utility workers performing official emergency duties.
These exceptions are narrower than many drivers assume. Scrolling social media on a mounted phone, for example, is still illegal because that activity falls outside the hands-free and navigation carve-outs.1Michigan Legislature. Michigan Code MCL 257.602b
Fines and Points by Offense
Brad’s Law violations are civil infractions, and the consequences escalate with each ticket:
- First offense: $100 civil fine and up to 16 hours of community service. No points.
- Second offense: $250 civil fine, up to 24 hours of community service, and 1 point.
- Third or subsequent offense: $250 civil fine, up to 24 hours of community service, and 2 points.
Three or more violations within three years also triggers a mandatory basic driver improvement course on top of the other penalties.3Michigan Courts. Civil Infraction Fines, Costs, and Assessments Table
The point values are lower than most moving violations, but points still sit on your driving record, feed into insurance pricing, and stack with other infractions toward possible license action.
Higher Fines If There’s a Crash
If the violation is tied to an at-fault crash, the fines roughly double: $200 for a first offense and $500 for a subsequent offense. These crash-related amounts are built into the distracted driving statute itself and are separate from any other citation or civil liability arising out of the crash.3Michigan Courts. Civil Infraction Fines, Costs, and Assessments Table
Stricter Rules for Teen Drivers
Drivers with a Level 1 or Level 2 graduated license face a near-total ban on phone communication while driving. They cannot initiate a call, answer a call, or engage in any verbal communication through a mobile phone.4Michigan Department of State. Michigan’s Graduated Driver Licensing – A Guide for Parents
The only exceptions are a voice-operated system integrated into the vehicle and a genuine emergency call. Emergencies include traffic accidents, medical emergencies, serious road hazards, situations where personal safety is at risk, and crimes being committed or about to be committed. Hands-free calls that a fully licensed adult could legally make are still off limits for graduated license holders. A ticket can run up to $295 in fines and costs.4Michigan Department of State. Michigan’s Graduated Driver Licensing – A Guide for Parents
What CDL Holders Face
Commercial drivers pay more and risk more. The civil fines for using a mobile device while operating a commercial motor vehicle or school bus are:
- First offense, no crash: $200
- First offense involving a crash: $400
- Subsequent offense, no crash: $500
- Subsequent offense involving a crash: $1,000
Beyond the fines, distracted driving counts as a serious traffic violation for CDL holders. Two serious traffic violations in separate incidents within 36 months result in a 60-day CDL suspension, and three within 36 months result in a 120-day suspension.5Michigan Department of State. Offense Code Index Federal rules authorize civil penalties up to $2,750 against the driver as well.6Federal Motor Carrier Safety Administration. Distracted Driving
The “serious traffic violation” label isn’t limited to distracted driving. Speeding, reckless driving, and improper lane changes all count toward the same three-year window, so a distracted driving ticket paired with an unrelated speeding ticket can be enough to trigger a suspension.7eCFR. 49 CFR 383.51 – Disqualification of Drivers
When the Case Becomes Criminal
Distracted driving leaves the civil infraction world when someone gets seriously hurt or killed. Under MCL 257.601d, a driver who commits a moving violation that is the proximate cause of another person’s death or serious impairment of body function faces criminal charges carrying potential prison time and fines far beyond anything in the civil schedule.8Michigan Legislature. Michigan Code MCL 257.601d A Brad’s Law violation can be the underlying moving violation. That is the path from a $100 ticket to a felony prosecution.
Insurance Impact
A first offense carries no points, but the violation still shows up on your driving record, and Michigan insurers see that record. Points from second and later offenses make the rate impact harder to avoid. Each insurer sets its own surcharge amount and timeline, so there’s no single statewide figure, but the increase can last several years.
A crash-related ticket is worse because the violation surcharge and the at-fault accident surcharge hit at once. Drivers who collect multiple tickets or cause a crash while distracted often find the long-term insurance cost outweighs the fine on the citation.