Idaho Police Ramp Up Hands‑Free Law Citations After Public Urging

TWIN FALLS, ID—A hefty amount of citations for cellphone use are being handed out this year to city drivers, and they come partly at the behest of the public.

Ninety-three citations had been issued this year through mid-May, Twin Falls Police Department figures say, while just 42 were issued in all of 2025.

The increased numbers aren’t entirely coincidental.

“One of the reasons is that we got a lot of feedback from citizens that said they’ve seen violations of this law,” Lt. Steven Gassert said, “and how come the police weren’t doing anything about it.”

Because distracted driving, including cellphone use, is a leading cause of crashes, officers have been encouraged to emphasize its enforcement as time allows.

Melodi Brown, of Kimberly, agrees that too many people are using cell phones while driving, commenting on social media that the intersection of Blue Lakes Boulevard and Pole Line Road is a hotspot.

She said she’s seen them in other locations, including drivers who can't keep their lane while driving on Golf Course Road.

"You know what they're doing," Brown said.

Police officers are not able to pull over everyone they observe disregarding the hands-free law, Gassert said, because they might be on a more urgent call.

After a traffic stop for a violation, officers can ask the driver to provide evidence that they haven’t been using their cell phone, but if they refuse, a warrant would only be requested in major incidents, Gassert said.

Sometimes drivers admit they were using their cell phones, even in crashes that could have been easily avoided, Gassert said, like, “if they rear-end a vehicle that was stopped at a stop sign.”

Cell phone use hasn’t been the only infraction cited. The police department has issued 67 citations for failing to obey a traffic control device this year and given 33 written warnings, Gassert said.

He wasn't sure how those numbers compare with last year.

The hands-free law took effect in July 2020, with law enforcement officers allowed to make citations for the offense in January 2021.

How cellphone use while driving has changed in America since 2004

Every day on America’s roads, there are more than 800,000 vehicles with a distracted driver behind the wheel. That alarming statistic — along with the sobering fact that in 2018, more than 2,841 people died due to distracted driving — is why lawmakers across the country continue to view cellphone use in cars as a public safety hazard.

The Idaho State Code 49-1401A requires electronic devices to be in hands-free mode while driving, including when stopped at a red light or stop sign.

Even at a stoplight, Gassert said, drivers need to stay attentive to their surroundings.

“In other words, with few exceptions, the new hands-free device law makes holding a cell phone illegal while operating a vehicle,” a press release from the Idaho State Police said as the new law took effect.

While the use of Bluetooth might be legal, “We would encourage people to focus on their driving,” Gassert said, “but if they have to take a phone call, to use Bluetooth or a hands-free system.”

Gassert said people can call non-emergency dispatch to report reckless drivers, and encouraged people not to attempt to take a photo of the offending driver.

Know the law

The hands-free law is as follows:

• Drivers can only use electronic devices and mobile phones in hands-free mode
• Drivers are only permitted to touch devices to activate hands-free mode
• Drivers are not permitted to hold or support any electronic device/phone
• Activation of GPS, voice to text, and making or receiving calls is permitted with one-touch or voice command
• Handheld use is allowed only if the vehicle is both stationary and not located in a public travel lane, or in the event of an emergency
• Drivers are not allowed to touch a device for texting, emailing, apps, video, or internet use
• Should a driver receive two distracted driving violations in three years, the new law states insurance companies can consider those violations when establishing insurance rates for a driver

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